Ruling paves way for a longer sentence in George Floyd’s death

MINNEAPOLIS — A Minnesota judge has ruled that there were aggravating factors in the death of George Floyd, paving the way for the possibility of a longer sentence for Derek Chauvin, according to an order made public Wednesday.

In his ruling dated Tuesday, Judge Peter Cahill found Chauvin abused his authority as a police officer when he restrained Floyd last year and that he treated Floyd with particular cruelty. He also cited the presence of children and the fact Chauvin was part of a group with at least three other people.

Cahill said Chauvin and two other officers held Floyd handcuffed, in a prone position on the street for an “inordinate amount of time” and that Chauvin knew the restraint was dangerous.

“The prolonged use of this technique was particularly egregious in that George Floyd made it clear he was unable to breathe and expressed the view that he was dying as a result of the officers’ restraint,” Cahill wrote.

Even with the aggravating factors, legal experts have said Chauvin, 45, is unlikely to get more than 30 years when he is sentenced June 25.

Ben Crump and the team of attorneys representing Floyd’s family applauded the ruling, saying in a statement that it “offers hope that we will see real change in the relationship between police and people of color by holding officers properly accountable for egregious behavior and for failing to honor the sanctity of all lives.”

Chauvin, who is white, was convicted in April of seconddegree unintentional murder, third-degree murder and second-degree manslaughter for pressing his knee against Floyd’s neck for about 9 1/2 minutes as the Black man said he couldn’t breathe and went motionless. Floyd’s death, captured on widely seen bystander video, set off demonstrations around the United States and beyond as protesters demanded changes in policing.

Even though Chauvin was found guilty of three counts, under Minnesota statutes he’ll only be sentenced on the most serious one — second-degree murder. Under Minnesota sentencing guidelines, he would have faced a presumptive sentence of 12 1/2 years on that count, and Cahill could have sentenced him to as little as 10 years and eight months or as much as 15 years and still stayed within the guideline range.

But prosecutors asked for what is known as an upward departure — arguing Floyd was particularly vulnerable with his hands cuffed behind his back as he was face-down on the ground. They also said Chauvin treated Floyd with particular cruelty, saying Chauvin inflicted gratuitous pain and caused psychological distress to Floyd and to bystanders. They said Chauvin abused his position of authority as a police officer, committed his crime as part of a group of three or more people, and that he pinned Floyd down in the presence of children — including a 9-year-old girl who testified at trial that watching the restraint made her “sad and kind of mad.”

Cahill agreed with all but one of the prosecutors’ arguments. He said prosecutors did not prove Floyd was particularly vulnerable, noting that even though he was handcuffed, he was able to struggle with officers trying to put him in a squad car.

With Tuesday’s ruling, Cahill has given himself permission to sentence Chauvin above the guideline range, though he doesn’t have to, said Mark Osler, professor at the University of St. Thomas School of Law. He said attorneys for both sides will argue whether an upward departure is appropriate and how long the sentence should be.

A pre-sentence investigation report will be conducted. These are usually nonpublic and include information such as family history and mental health issues.