GUILTY MN - George Floyd, 46, died in custody, Minneapolis, 25 May 2020 #19 - Chauvin Jury Deliberations #2

[Marysmith]

Thoughts on this??

I don’t know... I am thinking he may get 30 if I had to guess...

 

[BUF]

I just put CNN on...it was Chris Cuomo’s show (I don’t watch this) but Morries Hall will be on after commercial.

Guess he’s out of custody.

 

[dixiegirl1035]

In the rabbit hole... ALL are VERY interesting readings at this time MOO

This was the state's original submission for upward sentencing - filed August 28, 2020, for FIVE aggravating factors... https://www.mncourts.gov/mncourtsgo...s/27-CR-20-12646/NoticebyAttorney08282020.pdf

State's proposed jury interrogatories - filed October 12, 2020, for aggravating factors (Moot now due to Blakely waiver, but of interest as the judge perhaps will have this train of thought when he decides vs the jury) https://www.mncourts.gov/mncourtsgo...-CR-20-12646/ProposedInstructions10122020.pdf

State Response to judge's request to expound on 2 of the aggravating factors - filed October 12, https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Briefs10122020.pdf ("At the September 11 hearing, the Court asked the State for additional briefing addressing the following questions: (i) Whether the particular vulnerability of the victim justifies an upward sentencing departure when the defendants are responsible for creating the victim’s vulnerability; and (ii) Whether a defendant’s abuse of a 2 position of authority supports an upward sentencing departure even if there is not a pre-existing relationship of trust between the defendant and the victim. ......")

COURT ORDER stating probable cause exists to submit all the interrogatories proposed by the State and that State can argue all 5 aggravating factors at sentencing . https://www.mncourts.gov/mncourtsgo...Cases/27-CR-20-12646/BlakelyOrder01262021.pdf


ETA List of aggravating factors listed by State to the court above:

1. George Floyd, the victim, was particularly vulnerable because officers had already handcuffed him behind his back and then placed him chest down on the pavement, and Mr. Floyd clearly and repeatedly told the officers he could not breathe. Minn. Sent. Guidelines 2.D.3.b(1); State v. Givens, 544 N.W.2d 774, 776 (Minn. 1996).

2. Mr. Floyd was treated with particular cruelty. Despite Mr. Floyd’s pleas that he could not breathe and was going to die, as well as the pleas of eyewitnesses for Defendant to get off Mr. Floyd and help him, Defendant and his codefendants continued to restrain Mr. Floyd. Defendant kept his knee on Mr. Floyd’s neck to hold him prone on the ground for approximately nine minutes, during at least four minutes of which Mr. Floyd was motionless. This maneuver inflicted gratuitous pain on Mr. Floyd. Those eyewitnesses, of whose presence Defendant was aware, had to watch Mr. Floyd die. Defendant also did not provide Mr. Floyd with any medical assistance and discouraged the efforts of others to provide such assistance. Minn. Sent. Guidelines 2.D.3.b(2); State v. Hicks, 864 N.W.2d 153, 159-60 (Minn. 2015); Tucker v. State, 799 N.W.2d 583, 587-99 (Minn. 2011); State v. Smith, 541 N.W.2d 584, 590 (Minn. 1996); State v. Harwell, 515 N.W.2d 105, 109 (Minn. Ct. App. 1994).

3. Defendant abused a position of authority, as he was a licensed police officer in full uniform who, in conjunction with other officers, took full custody of Mr. Floyd. State v. Lee, 494 N.W.2d 475, 482 (Minn. 1992).

4. Defendant committed the crime as part of a group of three or more offenders who all actively participated in the crime. Minn. Sent. Guidelines 2.D.3.b.(10).

5. Defendant committed the crime in the presence of multiple children, and Defendant’s criminal conduct was witnessed by children. Minn. Sent. Guidelines 2.D.3.b(13); State v. Profit, 323 N.W.2d 34, 36 (Minn. 1982).

Again, thanks @SouthAussie for the link so I stayed in that rabbit hole until I found more of what I was looking for. So much easier to do such help with others in the am

JDG, the above post has information as to aggravating factors that were submitted by the state. He does not get sentenced for all of with the times combined, he gets sentenced for the highest charge. MOO

Then again, I have heard that he can get multiple ones so see below.

 

[sds71]

Under the guidelines, a person with no criminal history would receive a presumptive sentence of 12 1/2 years for each murder charge and a presumptive sentence of four years for manslaughter. The guidelines allow for a range slightly above and below those presumptive sentences, which is up to a judge's discretion.

But in this case, prosecutors are seeking a sentence that goes above the guideline range, called an “upward departure.” They cited several aggravating factors, including that Floyd was particularly vulnerable, that Chauvin was a uniformed officer acting in a position of authority, and that his crime was witnessed by multiple children — including a 9-year-old girl who testified that watching the restraint made her “sad and kind of mad."

Regardless of the final sentence, in Minnesota, defendants typically serve two-thirds of their penalty in prison, with the rest on parole.


EXPLAINER: What next after Chauvin's conviction on 3 counts?

 

[CrimeAway]

Oh my good God. I am so sorry.

It's ok.

I never got to meet him, or his brother, who was also executed for his ethnicity and beliefs, but the remaining siblings taught me not to hate, but to understand, and forgive, and for that, I am eternally grateful.

 

[kittythehare]

(Giggle hehe)

You go grandma with the Scorpions!

Seriously, music is a form of expression and it feels good to sing songs, redemption songs, these songs of freedom...

This is a song I had in my head earlier, even though the song was written in a different context:

This is for George and all of us

 

[margarita25]

This is for George and all of us

(SCORE!!! Seriously, well done.)

 

[tmar]

WaPo

law and crime

From Australia, just heard.
GUILTY.
Feel for GF's family.

Surely drastic changes will happen with the Police Force because of this verdict.

 

[Proudnanny]

I've wondered how Chauvin could even live with himself.

My opinion is he has never shown any remorse for what he did he has acted like he did nothing wrong. So in my opinion he probably sleeps well at night, but now he's in jail he might not.

 

[RANCH]

From Australia, just heard.
GUILTY.
Feel for GF's family.

Surely drastic changes will happen with the Police Force because of this verdict.

I'm not sure about that. The officers that testified for the prosecution said that DC didn't follow training or procedures.

I would assume there's nothing for them to change because of that. JMO

 

[margarita25]

Biden calls for Congress to pass George Floyd in Policing Act
'It can't stop here': Biden, after Chauvin verdict, calls for passage of George Floyd bill

“WASHINGTON – President Joe Biden called on Americans to turn the guilty verdict of Derek Chauvin into a "moment of significant change" to fight systemic racism in policing in his first remarks after Tuesday's verdict of the Minneapolis police officer.

"No one should be above the law, and today's verdict sends that message," Biden said. "But it's not enough. It can't stop here. In order to deliver real change and reform, we can and must reduce the likelihood that tragedies like this ever can happen again."”

 

[margarita25]

Pelosi tweets new response to Chauvin verdict after thanking George Floyd 'for sacrificing your life for justice'

“"George Floyd should be alive today," Pelosi, a California Democrat, wrote in a tweet that quoted her remarks from earlier in the day. "His family's calls for justice for his murder were heard around the world. He did not die in vain. We must make sure other families don't suffer the same racism, violence & pain, and we must enact the George Floyd #JusticeInPolicing Act."”

 

[Topppps]

So how is he guilty of subd2 item 1?

609.19 MURDER IN THE SECOND DEGREE.

Subdivision 1.Intentional murder; drive-by shootings.



Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:

(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or

(2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3).

Subd. 2.Unintentional murders.



Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:

(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or

(2) causes the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. As used in this clause, "order for protection" includes an order for protection issued under chapter 518B; a harassment restraining order issued under section 609.748; a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition; a restraining order issued in a marriage dissolution action; and any order issued by a court of another state or of the United States that is similar to any of these orders.

 

[CrimeAway]

There needs to be so many changes made, all around, IMO.

A truth and reconciliation type commission over law and justice??

It doesn't help when every little town and county, let alone State, has its own rules and regulations.

It's a ***** maze to be sure.

 

[RANCH]

AOC says Derek Chauvin guilty verdict in George Floyd murder trial 'is not justice'

Despite prosecutors’ success at trial, Ocasio-Cortez noted that "a family had to lose a son, brother and father; that a teenage girl had to film and post a murder, that millions across the country had to organize and march just for George Floyd to be seen and valued is not justice."

And this verdict is not a substitute for policy change," she added.

AOC says Derek Chauvin guilty verdict in George Floyd murder trial 'is not justice'

 

[margarita25]

Biden calls Chauvin murder conviction a "step forward" in the march toward justice - CBS News

"”A measure of justice isn't the same as equal justice," Harris said, speaking first. "This verdict brings us a step closer and the fact is, we still have work to do. We still must reform the system."”

 

[turaj]

I just put CNN on...it was Chris Cuomo’s show (I don’t watch this) but Morries Hall will be on after commercial.

Guess he’s out of custody.

he was down for the verdict at Henn. Cty Gov. Center...the guy is thinking this will be his time to shine...wants to write a book!! Now CNN?

 

[MadMcGoo]

I’m not surprised, but can’t wrap my head around the celebrating going on. It looks like footage from Marti Gras when I see the news. I, probably more than most, would love nothing more than to see change. I also don’t anticipate that happening. It didn’t happen with the last trial like this and I don’t see it happening with the next. WHAT can we possibly do to avoid this happening again? It’s not one thing, in my opinion.

It’s scary to me.

 

[Topppps]

Im surprised or confused with the second degree murder conviction. Doesn't make sense.

 

[Tom_Servo]

I'm not sure about that. The officers that testified for the prosecution said that DC didn't follow training or procedures.

I would assume there's nothing for them to change because of that. JMO

Theres little need for many changes in policing policy. What can be hoped for is better decisions by officers, more closely monitored training so officers adhere to policy and better hiring practices.