Sentencing date set for Derek Chauvin, convicted of murder and manslaughter

Posted at 1:39 PM, April 28, 2021 and last updated 11:00 AM, April 30, 2021

MINNEAPOLIS (Court TV) — The sentencing hearing of former Minneapolis police officer Derek Chauvin is scheduled for June 25, 2021, at 2:30 pm ET, according to Spenser Bickett, Hennepin County Court PIO.

Chauvin was convicted of three counts in the death of George Floyd: Unintentional Second-Degree Felony-Murder, Third Degree Depraved Mind Murder and Second-Degree Manslaughter. Whether or not Chauvin will be sentenced on the top count or all three has yet to be determined. Court TV has reached out to the Attorney General’s office for clarity but is awaiting a response.

According to Court TV’s legal correspondent Julia Jenaé, who covered Chauvin’s penalty trial in Minneapolis, this determination is extremely significant. If any of the charges are overturned on appeal, other sentences may still hold.

 

 

Judges usually sentence within the state’s sentencing guidelines range. Unintentional Second-Degree Murder and Third-Degree Murder are severity level 10 offenses. For someone with no criminal history, they carry a presumptive sentence of 150 months and a discretionary range of 128-180 months. Manslaughter – a level 8 offense — carries a presumptive sentence of 48 months in prison and a range of 41 to 57 months for someone with no criminal history.

Minnesota Sentencing Guidelines for 2nd and 3rd-degree Murder:    

  • Presumptive sentence: 150 months in prison (12.5 years)
  • Sentencing range: 128 – 180 months (10 to 15 years)
  • 100 months of minimum imprisonment (8.3 years)
  • 50 months supervised release (4.1 years)

Minnesota Sentencing Guidelines for Manslaughter:    

  • Presumptive sentence: 48 months in prison (4 years)
  • Sentencing range: 41 – 57 months (3.4 to 4.7 years)
  • 32 months minimum imprisonment (2.6 years)
  • 16 months supervised release (1.3 years)

Because the state filed a notice of intent seeking an upward departure from the guideline sentence, Judge Cahill could give Chauvin the maximum sentence set out by statute if he finds certain aggravating factors. The defendant had a right to a hearing in front of a jury to determine if aggravating factors exist, warranting an upward departure. Chauvin waived the hearing, leaving the decision in Judge Cahill’s hands.

This April 20, 2021, booking photo provided by the Minnesota Department of Corrections show Derek Chauvin, who was convicted in the murder of George Floyd, Jr. (Minnesota Dept. of Corrections)

Aggravating Factors Cited by the State in their Request for Upward Sentencing Departure:  

  • George Floyd was a particularly vulnerable victim
  • Floyd was treated with particular cruelty
  • Defendant abused a position of authority
  • Crime committed as part of a group of three or more
  • Crime committed in presence of multiple children

Maximum Sentences:

  • 2nd Degree Murder (unintentional) = 40 years
  • 3rd Degree Murder = 25 years
  • 2nd Degree Manslaughter = 10 years

Ultimately the decision now falls upon Judge Cahill, but regardless of the sentence, Minnesota defendants typically serve two-thirds of their sentence in prison and serve the remainder on parole.

Emanuella Grinberg of Court TV contributed to this story.

 

Find Court TV’s full coverage of MN v. Derek Chauvin: 

staging.courttv.com/the-death-of-george-floyd-murder-trial

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