Derek Chauvin woke up this morning serving his first full day in prison after being convicted of second-degree murder, third-degree murder and second-degree manslaughter in the death of George Perry Floyd.
Chauvin was placed in a segregated unit, called the administrative control unit, “used during pending investigations or when continued presence in the general population could pose a particular safety concern,” according to the Department of Corrections.
Judge Peter Cahill said a sentencing hearing would be held in about eight weeks.
Cahill will decide whether there were aggravating factors that could merit a prison term above state sentencing guidelines. Prosecutors previously said there were five aggravating factors that should compel a stiffer sentence, including that Floyd was “particularly vulnerable” and was treated with “particular cruelty.”
- Second-degree unintentional murder is punishable by up to 40 years in prison. Third-degree murder is punishable by up to 25 years in prison. However, Minnesota sentencing guidelines call for identical presumptive prison terms for both counts, starting at 12½ years for someone with no criminal history.
- Second-degree manslaughter is punishable by up to 10 years in prison and/or a fine of $20,000. The count carries a presumptive sentence of four years for someone with no criminal history.
- Chauvin will be sentenced on the highest charge. Ted Sampsell-Jones, a professor of law at Mitchell Hamline School of Law, said that if Cahill found aggravating factors and applied them to sentencing, Chauvin would receive a maximum of 30 years in prison. Without those factors, he said, Chauvin would receive 15 years maximum.
Three other officers at the scene of Floyd’s arrest — J. Alexander Kueng, Thomas Lane and Tou Thao face a joint trial Aug. 23 on charges of aiding and abetting second-degree murder and manslaughter. All three, who also were fired, are out on bond.
From StarTribune and USA Today
