“Any one of these five aggravating factors would be sufficient on its own to warrant an upward sentencing departure,” the memo read. “Here, all five apply.”
The filing, signed by Assistant Attorney General Matthew Frank, listed the state’s reasoning, including that Floyd was particularly vulnerable in part because he was “not breathing, unconscious, and without a pulse — during a substantial portion of Defendant’s criminal conduct.”
The state also argues that Floyd was treated with particular cruelty in the commission of second-degree unintentional murder partly because, “Defendant’s prolonged restraint of Mr. Floyd was much longer and more painful than, for example, a near-instantaneous death by gunshot, which is one ‘typical’ scenario for this type of offense.”
Nelson also wrote Floyd was not treated with particular cruelty in part because, “there is no evidence that the assault perpetrated by Mr. Chauvin against Mr. Floyd involved a gratuitous infliction of pain or cruelty not usually associated with the commission of the offense in question.”
The maximum sentence Chauvin currently faces is 40 years. However he has no prior criminal record, so the presumptive sentence for both second-degree and third-degree murder would be 12 1/2 years.
A sentencing hearing for Chauvin has been set for June 25.
Source: CNN – US News