Attorney says Chauvin is a product of ‘broken system’
Derek Chauvin, the former Minneapolis police officer convicted of murdering George Floyd with a knee pressed to his neck, should receive no prison time or far less than the maximum sentence in part because he is the product of a “broken system,” his defense attorney wrote in a court filing Wednesday.
Prosecutors argued in a brief filed Wednesday that Chauvin’s “actions traumatized Mr. Floyd’s family, the bystanders who watched Mr. Floyd die, and the community. And his conduct shocked the Nation’s conscience.”
Chauvin, 45, was convicted of second-degree and third-degree murder and second-degree manslaughter in Floyd’s death in May 2020, which spurred mass protests and a national reckoning around systemic racism and police brutality.
Chauvin is set to be sentenced June 25.
He faces a maximum sentence of 30 years in prison because the judge overseeing the case concluded he abused his position of trust and authority, among other aggravating factors.
Chauvin has been in prison awaiting sentencing since April 21 and would get credit for time served.
Eric Nelson, his attorney, wrote in the filing that Chauvin is in solitary confinement in a high-security prison because he is likely to be targeted by other prisoners.
Three other officers involved in the incident face charges of aiding and abetting Floyd’s murder. They are scheduled to be tried next year.
All four officers have been charged in federal court with violating Floyd’s civil rights during the arrest. Chauvin made his first appearance in that case Tuesday.
Meanwhile, the Justice Department is investigating the Minneapolis Police Department for a systemic violations of people’s civil rights.
In Wednesday’s filing, Nelson wrote that Chauvin was born to a “loving mother, father, and sister,” served in the military, and received high scores on reviews during 19 years as a police officer.
“In the eyes of the public, Mr. Chauvin has been reduced to this incident, and he has been painted as a dangerous man,” Nelson wrote.
“However, behind the politics, Mr. Chauvin is still a human being. Before this incident occurred, Mr. Chauvin was an average man with a loving family and close friends. He was a husband, stepfather, uncle, brother, and son.”
Chauvin has the backing of his ex-wife and her family, Nelson wrote, and he has received thousands of letters of support from around the world since his arrest.
“Mr. Chauvin has the support network he needs to succeed as he moves past this incident,” Nelson wrote. “Therefore, probation is appropriate for Mr. Chauvin.”
Legal observers expected the request for a lower sentence than sentencing guidelines call for.
But they said the defense’s filing was offensive because Nelson provided no evidence that Chauvin is apologetic, and instead appealed to sympathy.
“Based upon Chauvin’s status as a veteran officer and his egregious conduct in murdering George Floyd in the manner in which he did, Chauvin should be held to a higher standard, not a lower one,” said Nekima Levy Armstrong, a civil rights attorney and former president of the Minneapolis chapter of the NAACP. “Chauvin deserves the highest punishment possible under the law for what he did.”
Floyd was handcuffed, facedown on the street, after Minneapolis police officers responded to a convenience store’s complaint that he had used a counterfeit $20 bill.
Chauvin kneeled on Floyd’s back and neck for roughly 91⁄2 minutes as Floyd repeatedly cried out, “I can’t breathe,” and onlookers recorded it on their cellphones.
Even after Floyd had no pulse, Chauvin remained in position until a paramedic waved him away so he could load Floyd onto a gurney.