EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

Wednesday, May 12, 2021

Judge Finds 4 Aggravating Factors in Derek Chauvin's Murder of George Floyd

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.



| Permalink


Post a comment