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Derek Chauvin Sentenced to 22.5 years in prison

Derek Chauvin Sentenced to 22.5 years in prison

Prosecution seeks 30 years.

UPDATE – Sentence

Count I – 270 months, 10 year addition to presumptive sentence of 150 months, credit of 199 days already served.

Counts II and III considered unadjudicated since they are lesser included offenses. A 22-page memorandum setting forth the findings will be posted.

Read Sentencing Order and Memorandum Opinion

EARLIER

Derek Chauvin is being sentenced tody in the death of George Floyd.

Earlier in the day, Judge Peter Cahill denied Chauvin’s motion for a new trial and for a hearing on possible juror misconduct.

Under normal sentencing guidelines, Chauvin would get 12 years. With enhancements, the maximum 30 year sentence could increase. The prosecution is asking for a 30-year sentence.

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Comments

NJ observer | June 25, 2021 at 2:15 pm

Another sad day for the rule of law and justice in America

    MarkS in reply to NJ observer. | June 25, 2021 at 3:15 pm

    How so?

      NJ observer in reply to MarkS. | June 25, 2021 at 3:37 pm

      If you think that all that has happened in this case reflects justice and the rule of law, then there is nothing I could say to convince you otherwise.

        Ben Kent in reply to NJ observer. | June 25, 2021 at 6:43 pm

        “RACISM WAS NOT A FACTOR IN CHAUVIN ACTIONS”
        >>> Said Ellison, the MN Attorney General

        In fact, Prosecutors never presented any motive, let alone racism as a motive.
        Murder requires intent. Intent is typically shown with motive. Racism could have been a motivate and the prosecutors just have to show one email or letter or comment made by Chauvin that was racist. They could not even show one piece of evidence of racism. They surely investigated every part of his life for the last 25+ years.

        BLM said for 9 months that Chauvin was a racist cop and made him the poster child for “SYSTEMTIC RACISM”. But there was not even a single shred of evidence of racism presented at trial.

        Where is the media calling out BLM for riots and arson? For attempting to upend society in the name of FLOYD.

        Racism was not a factor in the death of Floyd. But BLM and media still report it like it was. They make it seem that racism was the central factor of the trial. But the AG and prosecutors said it was not a factor.

        So if racism was not a factor – and that is objectively true – and therefore no egregious circumstance was present – why did City of Minneapolis pay $27 million of taxpayer money to the Floyd family ? Why are people still pushing their anti-white CRT ideology. Why does anyone still listen to BLM ?

        Race baiters won a big victory here. And reason and common sense got thrown under the bus. 60+% of people think Floyd’s death was caused by a racist cop. The media will never correct the record. As a result, people will continue to be divided and society will suffer.

      Edward in reply to MarkS. | June 25, 2021 at 3:41 pm

      Perhaps because there is ample evidence in the Medical Examiner’s Report of Autopsy to show that Derek Chauvin could not have killed George Floyd in the manner the prosecution’s medical expert’s testimony claimed?

      Perhaps because this is the temporary culmination of the railroading of Derek Chauvin for there was no possibility of a fair trial, which the “justice system” supposedly requires?

      REDACTED in reply to MarkS. | June 25, 2021 at 4:45 pm

      if there is a God, you will be on the other end of this injustice

      gonzotx in reply to MarkS. | June 25, 2021 at 5:24 pm

      Mark

      F-Y

      ConradCA in reply to MarkS. | June 25, 2021 at 8:20 pm

      Did they every explain how Chauvin could have killed Floyd when Floyd had a fatal dose of fentanyl?

        broomhandle in reply to ConradCA. | June 25, 2021 at 9:06 pm

        Yes, the prosecution did exactly that. Unfortunately, their explanation was all speculation and lies.

        Char Char Binks in reply to ConradCA. | June 26, 2021 at 11:06 am

        Even if Chauvin’s actions caused, or contributed to, floyd’s death, he committed no crime if his actions were lawful, and if he had no criminal intent, recklessness, or negligence, none of which was proven beyond a reasonable doubt. This is a point missed, or at least not stated, by otherwise astute observers such as Nick Rikeita. The verdict effectively criminalizes arresting criminals.

        Scott Farkis in reply to ConradCA. | June 28, 2021 at 8:31 pm

        The “explanation” was given by Martin Tobin, the prosecution “expert” who actually had no expertise in what he presented. Tobin asserted that Chauvin’s knee pressed on Floyd’s neck hard enough to block his hypopharynx (the area of the throat between the bottom of the tongue and the larynx). He provided no explanation of how this feat was accomplished with pressure to side and back of the neck, when only way to push the hypopharanyx shut is from the front of the neck. He also could not provide any reference to the “papers” that disucssed this mode of asphyxiation, although he claimed there were “at least 11 papers” written, none of which he remembered. Tobin’s entire testimony was a crock, but he was not effecitvely rebutted. Interestingly, Tobin became a “world-renowned” expert on April 9, when he Wikipedia page was finally created labelling him as such. Tobin had zero expertise in forensic medicine; Tobin denied that fentanyl could have had anything to do with his difficulty breathing and his cardiac arrest, although Floyd died exactly like a fentanyl overdose victim dies.

        It was Tobin’s testimony that the prosecution sealed its case with. It was all a crock. .

      Char Char Binks in reply to MarkS. | June 26, 2021 at 8:35 am

      Pay attention!

    Novel jurisprudence is socially progressive with a deceptive liberal layer.

    JusticeDelivered in reply to NJ observer. | June 25, 2021 at 5:15 pm

    No actual rule of law here, and this kind of crap is why I think all the unearned hands for blacks should end. Those handouts have been racism against other races, and they have encouraged a large percentage of blacks to feel entitled to be racists themselves.

healthguyfsu | June 25, 2021 at 2:17 pm

Will Lebron James be making a statement? SMH

The point of having a political trial is to have a political trial. The sentence will appease blacks and is meant to.

    NJ observer in reply to rhhardin. | June 25, 2021 at 2:29 pm

    “The sentence will appease blacks and is meant to.”

    Until the next time and the looting (strike that) protests will start all over again.

    Colonel Travis in reply to rhhardin. | June 25, 2021 at 3:09 pm

    It will appease no one.

      alaskabob in reply to Colonel Travis. | June 25, 2021 at 4:19 pm

      The mob is waiting for the next “show trial” fix. Protected minorities are now above the law. I wonder what will be the outcome of the murder of that Puerto Rica husband and his wife’s beating … his street murder because the Blacks couldn’t tell a Puerto Rican flag from the Confederate. Since I guess murder is OK if a Confederate battle flag is around.

      This will build up pent-up animosity and true racial tension. Fear and hate will fester.

    n.n in reply to rhhardin. | June 25, 2021 at 3:41 pm

    The black bloc (“people of color”), and affiliated for-profits and “non-profits”, yes.. Then there is the conservative fringe, perhaps still the majority, that divested from diversity [dogma] (i.e. color judgments, warlock judgments, witch trials, the principle of political congruence or “=”)..

      Edward in reply to n.n. | June 25, 2021 at 3:48 pm

      Well, the term “Black Bloc” has generally been used to designate a tactic used by the predecessors to and ANTIFA, The term was occasioned by the consistent use of black clothing, concealment of faces, etc. It does not mean people of color. The rest of your post lacks any understandable content.

        “The rest of your post lacks any understandable content.”

        — What? He couldn’t have said it any clearer:

        “Then there is the conservative fringe, perhaps still the majority, that divested from diversity [dogma] (i.e. color judgments, warlock judgments, witch trials, the principle of political congruence or “=”)..

        Or something.

    JusticeDelivered in reply to rhhardin. | June 25, 2021 at 5:27 pm

    Nothing except have complete control will appease these people.

    Subotai Bahadur in reply to rhhardin. | June 25, 2021 at 11:02 pm

    Actually, I expect more rioting and arson from blacks and Leftists. Half will be because the sentence is too light, and half will be in celebration of the sentence. Theft, arson, and killings will be considered appropriate to both sides.

    Subotai Bahadur

drednicolson | June 25, 2021 at 2:27 pm

“They may dispose of me. I am very nearly disposed of now. However, the question remains. This Negro question, I mean. The end of that is not yet.”

John Brown

three minutes in and already a farce

Juris Doctor | June 25, 2021 at 2:44 pm

And there goes the race card multiple times in an impact statement.

Juris Doctor | June 25, 2021 at 2:45 pm

Philonise Floy’d GoFundMe account netted him over $ 13.7 million. https://www.businessinsider.com/george-floyd-memorial-gofundme-has-raised-millions-2020-6

Juris Doctor | June 25, 2021 at 3:01 pm

Is Frank seriously arguing that Floyd had a right to refuse to be arrested and placed in the patrol car?

NJ observer | June 25, 2021 at 3:23 pm

Not withstanding the trumped up charges, the prosecutors misconduct the false testimony of so called experts, the judge’s cowardice and the verdict, Floyd was not murdered.

    Steve Richter in reply to NJ observer. | June 25, 2021 at 3:48 pm

    But Chauvin never testified and explained his actions. Maybe he could say he was confused by the crowd and circumstances.

      Edward in reply to Steve Richter. | June 25, 2021 at 3:57 pm

      Our system doesn’t require the accused to testify. There was no medical evidence of murder, the testimony of the prosecution’s “medical experts” and the Medical Examiner was tainted testimony at least bordering on perjury. The prosecution failed to meet the standard of beyond a reasonable doubt, Hell, they failed to meet the civil case “preponderance of the evidence” that Chauvin was more likely guilty than not guilty.

      In any event it wouldn’t have made a scintilla of difference in the outcome if Derek Chauvin had taken the stand with absolute proof that Martians caused Floyd’s death, he still would have been found guilty, if only to keep Minneapolis from further rioting and burning and the jurors and their families safe for the rest of their lives or their first mugging, whichever comes first.

        mark311 in reply to Edward. | June 25, 2021 at 7:43 pm

        The forensic pathologist report alongside a number of expert witnesses directly linked the actions of Chauvin to Floyd’s death. How was the testimony / medical examiners report tainted? There hasn’t been any indication of that from what I’ve read.

        It tends to look bad when someone doesn’t testify. Even if they might be innocent the perception tends to be of guilt.

        You haven’t actually shown the jury was prejudiced in the way you describe. That’s an assertion without basis

          Kreemerz in reply to mark311. | June 25, 2021 at 8:52 pm

          I’ve often wondered about this too. People keep using that forensic pathologist report as their answer to the cause of Floyd’s death. As long as they have that, it makes their argument solid – even though it may be false.

          Is there an effective counter argument to this report?

          Kreemerz in reply to mark311. | June 25, 2021 at 9:09 pm

          No counter to this point?

          Paddy M in reply to mark311. | June 25, 2021 at 11:07 pm

          Actually, marx. Defendants rarely testify in trials, so you know fuckall about this like you do anything else. The Hennepin Co. ME’s report showed St. George had lethal amounts of fentanyl in his system and serious arterial blockage.

          Naturally, you think the jury was unbiased after the shitshow of a trial. One juror even admitted it for all to see.

          mark311 in reply to mark311. | June 26, 2021 at 2:31 pm

          @paddy

          And yet the forensic report still attributed his death to the restraint position. In the context of what the report actually said it laid out all the issues and arrived at a conclusion which isn’t the one you are making.

          As for your point about defendants ordinarily not testifying do you have stats on that? I’ve merely asserted that it looks bad not that it’s common or uncommon.

          Actually if you’d followed what I’ve said in previous threads on the subject I thought it would be the case that there would be a retrial. I’m not clear on what the judges reasoning might be but I guess there will be an appeal and therefore a continuation of due process so on that basis I’m not overly concerned especially given the overwhelming evidence of his transgression. Even if one were to argue that Floyd did die from drugs Chauvins actions were neither proportionate nor representative of his training. In other words the murder aspect is in part based on his negligence.

          @kreemerz

          I’m not sure what you are arguing here, the forensic report attributed Floyd’s death to Chauvin so I’m not sure what I’m countering exactly?

      Le Bron James could explain it best:

      “Duhhhh, duh, duhhhhhhhhhhhh, duh………”

      He did. He testified:

      “Then there is the conservative fringe, perhaps still the majority, that divested from diversity [dogma] (i.e. color judgments, warlock judgments, witch trials, the principle of political congruence or “=”)..”

A medical event forced by fentanyl consumption, comorbidities, and criminal stress, that originated and progressed before, and, in fact, prompted a premature exit from the police vehicle. A belligerent mob that prevented ready access by medical technicians to the scene. A judge and jury that ruled on plausible rather than probable cause(s). There is still no evidence that diversity (e.g. racism) was a motive for the stop or restraint, but was a critical factor in reporting, judgment, and labels.

The Mob has spoken. Either Chauvin gets the maximum possible sentence, or the Mob will riot and burn the city. Maybe they’ll do that no matter what.

Steve Richter | June 25, 2021 at 3:44 pm

Why did he not testify?? Give his supporters something to work with as they defend him on public forums.

    Juris Doctor in reply to Steve Richter. | June 25, 2021 at 3:46 pm

    Why would he? The medical evidence is conclusive. Floyd caused his own death.

      Steve Richter in reply to Juris Doctor. | June 25, 2021 at 3:49 pm

      obviously because he was going to be convicted and sentenced to the max.

      Kreemerz in reply to Juris Doctor. | June 25, 2021 at 8:54 pm

      What “medical evidence” do you speak of? Because the Floyd followers keep shoving that forensic pathology report in my face.

        buck61 in reply to Kreemerz. | June 25, 2021 at 10:24 pm

        the state’s case was focused on a low oxygen level in his blood, the state never introduced his oxygen level during their case. chauvin’s expert brought up the carbon monoxide theory as a potential contributing factor. the very next day the medical examiner produces a test result that shows a normal oxygen level at autopsy. if he oxygen level was low at the time of death they never explained how it got back to a normal level.

          Char Char Binks in reply to buck61. | June 26, 2021 at 8:47 am

          I knew bringing up CO was a loser. It was latched onto as an excuse to find guilt without proof.

          Scott Farkis in reply to buck61. | June 28, 2021 at 8:42 pm

          The oxygenation level and the ABG (blood gas) from the samples taken at the ER were meaningless. Floyd had just undergone 30 minutes of CPR and intubation with oxygen before they took the sample at 9:00 pm.. The values at that point were highly tainted by the medical interventions that had taken place and in no way were representative of the levels at the time of Floyd’s death at 8:25:16 pm. Floyd;s osygenation level at the ER was 98% – so how did that happen if he died of hypoxia? Tobin neglected to explain that. (Hint it was the CPR and intubation)

    Keith_ in reply to Steve Richter. | June 25, 2021 at 3:51 pm

    Chauvin did not testify because he is an idiot. He had one last chance to plead his defense to the court of public opinion (nothing he could say would ever sway this coward Judge) but he said nothing other than offer condolences to Floyds family.

      Steve Richter in reply to Keith_. | June 25, 2021 at 3:56 pm

      I doubt he is an idiot, but that could be a very effective defense. It is the fault of city to task an incompetent officer with job of subduing people like George Floyd.

        buck61 in reply to Steve Richter. | June 25, 2021 at 4:13 pm

        if chauvin testifies then lawyer blackwell gets to have him sit in the witness box and watch the video and ask him second by second what he was thinking while he was with floyd. chauvin was in a no win situation had he testified, the state had painted him in a manner that no matter what he says that perception could not be overcome.
        we all saw the behavior by the state that cahill allowed each day in trial, no way he shuts down any line of questioning against chauvin, cahill wasn’t going to suddenly grow a spine,

        Sanddog in reply to Steve Richter. | June 25, 2021 at 7:58 pm

        Steve, have you ever had to subdue a junkie who is 9 inches taller than you and 75 lbs heavier? This isn’t the movies. There’s no super-secret-cop-move that allows anyone to take someone down without force when they don’t want to be taken down. And keeping them down takes force as well. This is real life and it’s often ugly as hell. Floyd is dead because he was a junkie and a criminal. He put himself on the street that day, not the cops.

      LAalldayLady in reply to Keith_. | June 25, 2021 at 4:30 pm

      Sit down, Keith. Chauvin has federal charges pending, can’t talk. Get it?

        Keith_ in reply to LAalldayLady. | June 25, 2021 at 8:31 pm

        Of course he can talk – the federal charges do not prevent him from speaking out in fact it makes it even more compelling that he get his story out – that he reveals the facts of his innocence – fact that were not heard by the jury because he stupidly decided not to take the stand. You would think that Chauvin would realize that no one is standing up for him – not even his useless lawyer.

    REDACTED in reply to Steve Richter. | June 25, 2021 at 4:39 pm

    probs b/c he isn’t a moron like you

LAalldayLady | June 25, 2021 at 3:49 pm

Is this actually Derek Chauvin speaking? I mean this on more than one level…

    LAalldayLady in reply to LAalldayLady. | June 25, 2021 at 4:33 pm

    Testimony by Chauvin’s Mom is heartbreaking. I’m here for you, Carolyn. I have always believed the death of the suspect was the last thing Derek ever intended and the conviction is incorrect.

George Floyd was a violent felon who died with 3 times the lethal level of fentanyl in his system while violently resisting a lawful arrest. Derek Chauvin acted entirely by-the-book by using the knee restraint he was trained to use in cases of suspected excited delirium.

Having said all that Chauvin is a IDIOT with an IDIOT for a lawyer. This judge is not going to show him an ounce of mercy. This was Chauvins LAST time to plead his case in the court of public opinion. To lay out all of the reasons why he is completely innocent. To lay out all the facts that the jury did not get to here. To remind the world that one of the jurors lied to the court and that one fact alone is reason for a mistrial to be declared. To remind the world that if he was black and Floyd was white he would not be in that court and the world would not know either man’s name.

Instead of using this last chance to plead his innocence (he had a chance during the trial but he stupidly declined) Chauvin meekly turned to the Floyd family to offer condolences. Condolences for what? It is Chauvin’s life that has been destroyed. Floyd’s family has been enriched beyond their wildest dreams. Floyds death is the best thing that could have happened to all of his family members.

What did Chauvin mean by saying there is going to be some new information released so he had to keep his comments short? Is he really that stupid?

    Steve Richter in reply to Keith_. | June 25, 2021 at 3:52 pm

    this is brutal to watch. He is not being served well by his lawyer. Should have explained what he did and why at his trial. Don’t even try to spin things. Just get the truth out there.

    George Floyd is Le Bron James without the dribbling talent.

    Le Bron James is George Floyd without the brains.

Wonder what odds would be if Derek Chauvin never saw him that day and he would still be above ground?

    Edward in reply to Skip. | June 25, 2021 at 4:03 pm

    Given other officers were arresting him and Derek Chauvin had nothing to do with the medical death of George Floyd, Floyd would still be dead and some other officers would have been tried if they used the legal (at the time) restraint they had been trained to use.

This is a modern day human sacrifice, nothing more.

Cahill, I feel your pain, what a hack

chrisboltssr | June 25, 2021 at 3:56 pm

A future, just administration must pardon this innocent man. Floyd died of an overdose, bit we are being told to pretend he died from a blood choke, sorry, POSITIONAL ASPHYXIA, which the prosecution switched to midtrial. A complete travesty.

270 months, I’d flip him off and tell cahill to go eff himself

22.5 years in prison for doing his job.

The message is clear. If you are a white officer you need to find another line of work as soon as you can or you will one day find your self lynched .

Juris Doctor | June 25, 2021 at 4:02 pm

Yes, the sentence is absurd. However, Chauvin will serve no more than 11 years based on the half time “good conduct” custody credit scheme.

https://brandtdefense.com/how-does-jail-credit-work-in-minnesota.html#:~:text=Currently%2C%20any%20person%20who%20is,as%20credit%20for%20good%20time.

troublesolver | June 25, 2021 at 4:07 pm

The hearing and statements didn’t matter. If the judge has provided 22 pages of opinion text, this was already prepared and he had the sentence in mind. So much for no prejudice in the court of law (where prejudice has a true and impacting meaning more than anywhere in life).

2smartforlibs | June 25, 2021 at 4:11 pm

All because so scum took too many street drugs.

NJ observer | June 25, 2021 at 4:21 pm

This “trial” and the circus surrounding it is the current day version of Lt. William Calley’s trial for the “My Lai Massacre”. with Chauvin playing the Calley role.

cockup of a trial.

Fat_Freddys_Cat | June 25, 2021 at 4:31 pm

I wonder how long he will last in prison. I honestly don’t expect him to survive for 2 years, let alone 22.

I live in far western MA where there are no blacks. Never been happier

they are not worth the risk

on the bright side, as in Trayvon’s case, George wont be aiming a gun at a preggers woman’s tummy during a home invasion

we got that going for us

Isn’t $27M enough “closure” … ok the lawyers got most of it.

expect another avalanche of retirement letters to the minny pd department by monday morning

All things considered based upon the Judge and his pretrial and trail decisions I am little bit surprised he didn’t get a sentence higher on the range.

cahill is reaching in his sentencing, from the document

he is claiming that chauvin should not have declined aid from an uninformed member of the minny fire department, chauvin had no way of verifying that she was telling the truth in regards to her training and ability to assist.

not one word from cahill in regards to floyd’s significant underlying health conditions or injestion of drugs that may have been a contributing factor to his death
as far as cahill was concerned he was a perfectly healthy person who never took a drug in his entire life.

    JHogan in reply to buck61. | June 25, 2021 at 10:15 pm

    Saint George Floyd was, despite minor transgressions, a model citizen. Whatever wayward actions he may have taken in his life were a direct result of overwhelming systemic racism and white supremacism enshrined in a fundamentally evil racist America that no rational normal human being could endure. That he was unable to overcome what no normal human being can be expected to overcome is perfectly understandable and forgivable.

    Though it may have had nothing to do with Saint Floyd’s death, Chauvin’s insensitive, rude, and unnecessary actions in the final minutes of his life deserve to be classified as murder. Symbolic of what white American supremacist systemic racism has done to oppress black Americans to this very day.

    — Signed, The Democrat Party and NeverTrump, Inc.

    This is Amerika, circa 2021.

    UserP in reply to buck61. | June 26, 2021 at 2:42 am

    That man has no more business being a judge than ————-
    Well you can fill it in yourself.

    Char Char Binks in reply to buck61. | June 26, 2021 at 11:47 pm

    floyd had a big, strong heart, enlarged and strengthened by the constant work of pumping blood through occluded arteries.

Juris Doctor | June 25, 2021 at 6:48 pm

My two cents are that Chauvin’s vague and ambiguous comments about more information being released shortly is that he secured a deal on the federal case with the sentence running concurrent.

Likelihood of a successful appeal?

My hope is that when President Trump takes office he pardons this officer

Many cops in America are taking not that this is what can happen to you if you do your job.

Best not to do anything that remotely might get you into trouble unless you first get it in writing and run it by a lawyer and your rep.

For cops that means doing nothing if anyone, especially black anyones, resist arrest. Just let all perps go if they resist and run away.

‘White supremacist’ grandmas and grandpas who dare to protest and carry signs that oppose the regime are lower risk, more cooperative, and ‘regime approved’ targets.

    That’s the goal. The blm/antifa goons are the Brownshirts of the Junta running our government.

    After General Milley’s insane statement the other day, you have to be blind to realize the Junta in charge has its guns slowly rotating in our direction.

If Tim Walz had anything between his legs he’d pardon Derek Chauvin today. But he’s a woke progressive.

A great many citizens, predominantly black, will die because of this trial. It is no more, and no less, than a legal lynching. If I were in law enforcement and had anything other than a desk job, I would be looking for a new career.

Conservative Beaner | June 26, 2021 at 6:36 pm

If you are a police officer and white you should resign today or at least be looking for another job or career. The city of Minneapolis and the state of Minnesota have told you are not wanted or needed and you will not get any support from them.

Let the dumb asses who voted for these morons suffer, let Minneapolis and the rest of the major cities in Minnesota burn.

Anyone with half a mind needs to leave that state — yesterday.

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