By: Alyssa Wilson
Judge Peter Cahill will consider aggravating factors when he sentences former Minneapolis police officer Derek Chauvin. A jury found Chauvin guilty on all counts for the murder of George Floyd in April after weeks of testimony and less than one full day of jury deliberation.
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According to paperwork filed in the Fourth Judicial District of Hennepin County, Cahill ruled there were aggravating factors in the case that were proven beyond a reasonable doubt, including abuse of power, treating Floyd with particular cruelty, the presence of children, and group participation in a crime.
Judge Cahill will consider the following aggravating factors when sentencing #DerekChauvin:
✔ Chauvin abused a position of trust & authority
✔ Chauvin treated #GeorgeFloyd with “particular cruelty”
✔ Children were present
✔ The crime had participation from a group@BNCNews— Alyssa C. Wilson (@acwnews) May 12, 2021
Cahill ruled that as a police officer, Chauvin “held a position of trust and authority.” He also said: “The trust placed in Defendant included trust that anyone arrested would be treated with respect and only with reasonable force.” It was also noted that Chauvin’s placement of his knee on the back of Floyd’s neck was “an egregious abuse of the authority to subdue and restrain.”
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Ruling that Chauvin treated Floyd with particular cruelty, Cahill said: “The slow death of George Floyd occurring over approximately six minutes of his positional asphyxia was particularly cruel in that Mr. Floyd was begging for his life and obviously terrified by the knowledge that he was likely to die but during which the Defendant objectively remained indifferent to Mr. Floyd’s pleas.”
During the time of the murder, children were present. Although they did not all observe all of the events, Cahill ruled they observed a substantial portion of Chauvin’s use of force and witnessed the last moments of Floyd’s life.
Cahill also ruled officers Lane and Kueng were involved in the restraint that led to Floyd’s death. The court was not able to prove that Floyd was particularly vulnerable without a reasonable doubt. Although he was handcuffed, the court ruled he was still able to resist arrest and prevent officers from seating him in a squad car.
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These aggravating factors allow Cahill to go above the normal sentencing guidelines when determining the length of the sentence for the second-degree murder, second-degree manslaughter and third-degree murder charges, KSTP reported.
If you or someone you know is struggling from trauma triggered by police violence, resources are available for you here.