Tommy Witta, KSTP
Created: June 02, 2021 02:08 PM
(KSTP) - On Wednesday, the defense attorney for ex-Minneapolis police officer Derek Chauvin asked for a downward sentencing departure for his client.
Documents filed in Hennepin County court propose probation and prison time equal to the time Chauvin has already served instead of the sentencing he is facing.
Chauvin was charged and convicted of second-and third-degree murder charges, as well as a second-degree manslaughter charge. He is scheduled to be sentenced on June 25.
"...the court must look to the facts. They all point to the single most important fact: Mr. Chauvin did not intend to cause George Floyd's death," the defense claimed in the filings submitted Wednesday.
On the flip side, prosecutors have already asked that the former officer serve more time. Some legal experts have predicted that Chauvin's sentencing could be anywhere from 25 to 30 years in prison.
According to court documents, after a pre-sentencing investigation was completed, the officer who conducted the investigation concluded that Chauvin's criminal history score is zero. Due to all three crimes of conviction coming from the same "behavioral incident," the defense claims that they merge and the court "must pronounce a sentence only on the highest-level offense."
The second-degree murder charge would be the highest-level offense in this case, which would result in a sentencing anywhere from 128 months (just over 10.5 years) to 180 months (15 years), according to Wednesday's filings.
"Mr. Chauvin asks the Court to look beyond its findings, to his background, his lack of criminal history, his amenability to probation, to the unusual facts of this case, and to his being a product of a 'broken' system," the proposed motion reads.
Judge Peter Cahill will decide on the motion in the coming days.
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