Wednesday, May 12, 2021
Today, Judge Peter Cahill found four aggravating factors beyond a reasonable doubt in connection with Derek Chauvin's conviction for second degree murder based on the death of George Floyd. Those factors are:
(1) Chauvin abused a position of trust and authority (as a police officer);
(2) Chauvin treated George Floyd with particular cruelty (by preventing Floyd's ability to breath after Floyd said he was having trouble breathing;
(3) children were present during the offense (a 9 year-old and three 17 year-olds); and
(4) Chauvin committed the crime as part of a group with at least three others (the other police officers).
Conversely, Judge Cahill found that the State had not proven a fifth aggravating factor beyond a reasonable doubt: that Floyd was particularly vulnerable.
Nonetheless, the 4 aggravating factors allow Judge Cahill to impose a sentence above the sentencing guideline range of 180 months.