A defense attorney representing former Minneapolis police officer Derek Chauvin, who was convicted in April of charges related to George Floyd’s death, is asking that a judge sentence his client to time served plus probation or impose a sentence that is less than the state’s guidelines, according to a motion filed Wednesday.
Eric Nelson, the defense attorney who represented Chauvin in his weeks-long trial earlier this year, argued in recent court papers that the “requisite substantial and compelling circumstances” exist for a downward dispositional departure, meaning an instance in which the judge hands down a sentence that is shorter than what sentencing guidelines would typically suggest.
DEREK CHAUVIN FILES FOR NEW TRIAL IN DEATH OF GEORGE FLOYD
Chauvin’s defense team further asked the court to “impose a probationary sentence, limiting his incarceration to time served, or in the alternative, a downward durational departure in crafting its sentence,” the motion states.
Chauvin, 45, was convicted in April on state charges of second-degree unintentional murder, third-degree murder and second-degree manslaughter in Floyd’s death. He faces a maximum of 40 years behind bars.
DEREK CHAUVIN FILES FOR NEW TRIAL IN DEATH OF GEORGE FLOYD
He and the three other former officers accused in connection with Floyd’s death are also being charged federally.
The federal charges allege Chauvin violated Floyd’s rights as he restrained him face-down while he was handcuffed and not resisting. Three other former officers — J. Kueng, Thomas Lane and Tou Thao — face similar federal charges. Chauvin is also charged in a separate indictment alleging he violated the rights of a 14-year-old boy in 2017.
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Fox News’ Jennifer Girdon contributed to this report, as well as The Associated Press.
