Connect with us

Published

on

Advertisement

MINNEAPOLIS — Prosecutors are seeking a 30-year sentence for the former Minneapolis police officer convicted of murder in George Floyd’s death, but a defense attorney is asking that Derek Chauvin be sentenced to probation and time already served, according to court documents filed Wednesday.

Chauvin is scheduled to be sentenced June 25 following his conviction on murder and manslaughter charges. Judge Peter Cahill previously ruled there were aggravating factors in Floyd’s death, which gives him the discretion to sentence Chauvin above the range recommended by state guidelines.

Prosecutors said Chauvin’s actions were egregious and a sentence of 30 years would “properly account for the profound impact of Defendant’s conduct on the victim, the victim’s family, and the community.” They said that Chauvin’s actions “shocked the Nation’s conscience.”

“No sentence can undo Mr. Floyd’s death, and no sentence can undo the trauma Defendant’s actions have inflicted. But the sentence the Court imposes must show that no one is above the law, and no one is below it,” prosecutors wrote. “Defendant’s sentence must hold him fully accountable for his reprehensible conduct.”

Defense attorney Eric Nelson cited Chauvin’s age, lack of a criminal record, and support from family and friends in requesting a sentence of probation and time served. He said Chauvin was the product of a “broken” system.

Chauvin was convicted in April of second-degree unintentional murder, third-degree murder and second-degree manslaughter for pressing his knee against Floyd’s neck for about 9 1/2 minutes as the Black man said he couldn’t breathe and went motionless. Floyd’s death, captured on widely seen bystander video, set off demonstrations around the United States and beyond as protesters demanded changes in policing.

Even though Chauvin was found guilty of three counts, he’ll only be sentenced on the most serious one – second-degree murder. Under Minnesota sentencing guidelines, with no criminal record he faces a presumptive sentence of 12 1/2 years on that count. Cahill can sentence him to as little as 10 years and eight months or as much as 15 years and stay within the guideline range.

But prosecutors asked for what is known as an upward departure, saying there were several aggravating factors that warranted a higher sentence. Cahill agreed, finding Chauvin treated Floyd with particular cruelty, abused his position of authority as a police officer, committed his crime as part of a group of three or more people, and that he pinned Floyd down in the presence of children.

Advertisement

Prosecutors said that even one of those factors would warrant the higher sentence.

Nelson wrote that while this incident painted Chauvin as a “dangerous man,” he has served his community as an officer and has a loving family and close friends. He also disputed the court’s finding that aggravating factors existed, saying there is no evidence that Chauvin’s assault on Floyd included gratuitous infliction of pain or cruelty.

“Here, Mr. Chauvin was unaware that he was even committing a crime. In fact, in his mind, he was simply performing his lawful duty in assisting other officers in the arrest of George Floyd,” Nelson wrote, adding: “Mr. Chauvin’s offense is best described as an error made in good faith reliance his own experience as a police officer and the training he had received – not intentional commission of an illegal act.”

Nelson added: “In spite of the notoriety surrounding this case, the Court must look to the facts. They all point to the single most important fact: Mr. Chauvin did not intend to cause George Floyd’s death. He believed he was doing his job.”

No matter what sentence Chauvin gets, in Minnesota it’s presumed that a defendant with good behavior will serve two-thirds of the penalty in prison and the rest on supervised release, commonly known as parole.

Chauvin has also been indicted on federal charges alleging he violated Floyd’s civil rights, as well as the civil rights of a 14-year-old he restrained in a 2017 arrest. The three other former officers involved in Floyd’s death were also charged with federal civil rights violations; they await trial in state court on aiding and abetting counts.

A federal trial date has not been set. Federal prosecutors are asking for more time to prepare for trial. In court filings, federal prosecutors said the case is complex because of the sheer volume of evidence and the separate but coordinated state and federal investigations.

Loading

Advertisement

Black Lives Matter

Breonna Taylor family files another lawsuit alleging Louisville police withheld body camera records

Published

on

By

Advertisement

A new lawsuit filed by Breonna Taylor’s family claims the Louisville Metro Police Department has withheld records that could show there is body-camera footage of the fatal March 2020 raid, dispelling “misinformation” presented to the public.

In the lawsuit filed on Wednesday in Jefferson County Circuit Court, attorney Sam Aguiar is asking a judge to order the department to release information about the body-cameras under Kentucky’s Open Records Act. 

Police officials and state Attorney General Daniel Cameron have previously stated that no body-camera footage exists that captured the aid resulting in Taylor’s death on March 13, 2020. Authorities did release body-camera footage from officers responding to the scene after the shooting.

LMPD officials have maintained that officers were not required to wear body-cameras during the operation, and those involved either were not wearing their cameras or did not manually activate them. But the lawsuit argues there is a second way the department’s Axon-brand cameras can activate.

“The plaintiffs, and the public, have an uncompromised right to know whether undisclosed body-camera footage exists, or otherwise previously existed, from LMPD Axon Cameras which relates to the events surrounding the death of Breonna Taylor,” the lawsuit says, according to a copy of the document obtained by The Washington Post.

Aguiar argues that the Axon Flex 2 camera can transition from a buffering mode to “event mode” automatically under certain circumstances, such as exposure to the light bars on police vehicles within signal range. The attorney claims dozens of marked and undercover LMPD vehicles were at the scene the night Taylor was killed and had their lights at one time or another. 

“Assuming that body cameras were docked following Breonna’s killing, and that there was no tampering of the devices or associated storage prior to the docking, audit trails should assist in verifying whether Metro has been truthful to the public regarding the existence of footage,” the lawsuit says. 

Advertisement

Aguiar claims it would have been difficult for most officers participating in the criminal investigation at Taylor’s apartment not to have had their Axon cameras activated at one point or another – and even cameras left in vehicles should have activated when within range of a signal. 

“Given that Metro was able to verify that certain LMPD members’ body cameras were specifically assigned on March 13, 2020, there is a reasonable basis to believe that misinformation has been presented to the general public regarding the usage of body cameras by several members of the LMPD CID unit,” the lawsuit states.

No one has been charged directly in connection to Taylor’s death. 

Three officers involved in the drug operation that killed Taylor are no longer employed by the police department. Brett Hankison and Myles Cosgrove were both fired, and Jonathan Mattingly retired last month. Hankison was indicted last September on three felony counts of wanton endangerment for allegedly firing into a neighboring apartment the night of the raid. 

The city of Louisville agreed to pay $12 million to Taylor’s family last September in settling their wrongful death lawsuit. The agreement also included implementing changes at the police department in an effort to prevent future deaths during police raid. 

Loading

Advertisement
Continue Reading

Antifa

Minneapolis city council member ‘temporarily’ held hostage by BLM…

Published

on

By

Advertisement

#Minneapolis city council member blocked in and held hostage by #BLM “protestors” until she signed a statement agreeing to their demands.

Loading

Advertisement
Continue Reading

Black Lives Matter

Riots in Rock Hill, South Carolina after perp resists arrest yesterday

Published

on

By

Advertisement

 Someone shot a video on Wednesday afternoon that showed two brothers getting arrested during a struggle with police officers at a Rock Hill gas station.

About 100 people took to the streets in protest blocking the intersection of Dave Lyle Blvd and Black Street for several hours. They walked to the police department and at about 11 p.m. lit a fire surrounding a tree in front of the station. A police officer and the fire department arrived after the fire was lit.

Our crews could see objects being thrown at the police officer. Police in riot gear entered the scene after that.

Loading

Advertisement
Continue Reading
Advertisement
Crime1 hour ago

‘Code Red’: Officers Go All Hands on Deck to Stop Massive Brawl

Crime2 hours ago

Cops Interrogate an Innocent Man Convicted of Perjury in 11-Year-Old’s Murder Investigation

Crime5 hours ago

Obsessive Man Who Stalked His Ex-Girlfriend and Killed Her New Lover — Zachariah Anderson Case

Crime7 hours ago

Inside Alex Murdaugh Estate Auction: Hear From Bidders Who Wanted Slain Family’s Items

Crime9 hours ago

Cops Fatally Shoot Wanted Man Hiding in Ex-Wife’s Closet Allegedly Armed with Knife

Crime12 hours ago

Uber Driver Carjacked, Fatally Shot While Transporting Passengers

Crime1 day ago

Actress Gwyneth Paltrow Testifies in Ski Crash Trial — FULL Testimony

Crime1 day ago

Gwyneth Paltrow’s Texts Show ‘That Guy’ Hurt Her, Leading to Same-Day Massage

Crime1 day ago

Plaintiff’s Lawyer Presses Gwyneth Paltrow Over $1 Countersuit Plus Attorney’s Fees

Crime1 day ago

‘Something Perverted’: Gwyneth Paltrow Briefly Thought Ski Crash Was Assault of ‘Sexual Nature’

Crime1 day ago

Gwyneth Paltrow Testifies Ski Crash Was Terry Sanderson’s Fault

Crime1 day ago

Gwyneth Paltrow Judge Reprimands Terry Sanderson’s Daughter Over Medical Testimony

Crime1 day ago

Lori Vallow Daybell: Court Docs Give Preview of “Doomsday Cult” Trial Arguments

Crime1 day ago

Teen Killer Aiden Fucci Apologizes to Tristyn Bailey’s Family, His Mother in Letter

Crime1 day ago

Tristyn Bailey’s Dad Addresses Late Daughter: ‘We Will Always Be the Bailey 7’

Crime1 day ago

Watch Live: Press Conference – Killer Teen Sentencing — FL v. Aiden Fucci

Crime1 day ago

Teen Killer Aiden Fucci Sentenced to Life in Prison for Stabbing Cheerleader 114 Times

Crime1 day ago

WATCH LIVE: Gwyneth Paltrow Ski Crash Trial — Sanderson v. Paltrow — Day Four

Crime1 day ago

‘Her Spirit Lives On’: Aiden Fucci Judge Addresses Tristyn Bailey’s Family in Emotional Speech

Crime2 days ago

Man Charged After Girlfriend Dies During Sex

Covid-191 year ago

Nurse Whistleblower Breaks Down, Cries in LIVE Tell-All Interview

Proud Boys2 years ago

Proud Boys fighting Antifa in Portland… Raw

Crime9 months ago

Denton Doc’s Bail Bondsman Arrested After Kicking In Woman’s Front Door Without A Warrant

John McAfee2 years ago

Watch: Mysterious McAfee Q message posted 30 minutes after his death… John McAfee…. The DEEPSTATE

Missing1 year ago

AT LEAST NINE BODIES DISCOVERED DURING MANHUNTS IN PETITO CASE

Crime2 years ago

WATCH: Man Dies After Being Filmed Hanging Off Sky Ride at Amusement Park

Crime2 years ago

Multiple Walt Disney Employees Among 17 Suspects Arrested in Undercover Child Predator Operation

Crime12 months ago

VIDEO: Man Sought In Murder Investigation Is Shot Dead By Police During Foot Chase In Cincinnati

Crime2 years ago

Family of 3, along with dog, found dead in forest in Mariposa County

News2 years ago

Texas Dem Who CNN Touted as a “Voting Hero” Was Just Arrested For Voter Fraud

George Floyd2 years ago

George Floyd Statues in Brooklyn and Newark Painted Black

Crime1 year ago

VIDEO: Woman Fatally Shot After Stabbing Cop Serving Eviction Notice

Election 20202 years ago

Postal Employee Admits Dumping Mail, Including Election Ballots Sent to West Orange Residents

Viral Video1 year ago

BREAKING: POLICE GIVE UPDATE ON WISCONSIN TRAGEDY, CONFIRMS ‘MULTIPLE FATALITIES’ INCLUDING CHILDREN

Wanted11 months ago

WANTED: Police searching for suspect in Queens killing

Crime2 years ago

Arizona State Senator Resigns Following Arrest on Seven Felony Child Sex Abuse Charges

Car Accident1 year ago

9 Dead, Including 6 Students And A Coach, In Crash Involving University Of The Southwest Golf Teams

Election 20202 years ago

HUGE new evidence pointing to massive voter fraud in Fulton County

Crime6 months ago

Female Officer Gets Shot By Suspect During Chase But She Still Manages To Fatally Shoot Him While On The Ground

Crime2 years ago

Attempted kidnapping of 11-year-old girl caught by surveillance camera in West Pensacola

Crime6 months ago

Female Officer Gets Shot By Suspect During Chase But She Still Manages To Fatally Shoot Him While On The Ground

Wanted11 months ago

WANTED: Police searching for suspect in Queens killing

Crime12 months ago

VIDEO: Man Sought In Murder Investigation Is Shot Dead By Police During Foot Chase In Cincinnati

Car Accident1 year ago

9 Dead, Including 6 Students And A Coach, In Crash Involving University Of The Southwest Golf Teams

Crime1 year ago

VIDEO: Woman Fatally Shot After Stabbing Cop Serving Eviction Notice

hate crime1 year ago

Video of black suspect beating elderly Asian woman in Yonkers, New York

Viral Video1 year ago

VIDEO: Mentally Deranged Man Starts Stabbing Employees At NYC Museum Of Modern Art! (*Disturbing Footage*)

Crime1 year ago

83-year-old Transgender Serial Killer Arrested for Hiding Body Parts

Crime1 year ago

Killed A Customer: Handyman Charged With Murder After Woman’s Body Found In Septic Tank!

Attempted Murder1 year ago

Former UFC Champion Cain Velasquez Charged With Attempted Murder After Shooting At Suspected Child Molester!

Uncategorized1 year ago

WATCH : 17 people executed in broad daylight (Graphic Video)

Crime1 year ago

SEE IT: Off-Duty Officers Go At It With An Armed Driver Outside Of A Bar

Crime1 year ago

Pennsylvania Uber Driver & Mother Of Four Pleaded For Her Life Before Being Shot In The Head … Suspect Arrested!

Assault1 year ago

FLORIDA: Man arrested after shooting dog in the face in Holiday

Crime1 year ago

VIDEO: Knife Wielding Hostage Taker Gunned Down By New Jersey Police

Crime1 year ago

VIDEO: Man dripping in sanitizer catches into flames after getting tased by police in New York

Crime1 year ago

VIDEO: Austin police officer punch woman resisting in the head

Assault1 year ago

Video: Burger King employee beaten over slow service in Brooklyn

Crime1 year ago

New Shocking Video in Fatal Burlington Store Shooting of 14-Year-Old Released

Crime1 year ago

Man destroys merchandise, tries setting Palm City 7-Eleven on fire

Trending

Copyright © 2021 Trending Crime by TSD