Derek Chauvin’s lawyer has told the court that his client should be spared prison as cops have a lower life expectancy there.
According to Minnesota district court documents, the former police officer's attorney, Eric Nelson, filed a motion on Wednesday, June 2, in a bid to reduce his client's sentence.
In it, Nelson argued that due to Chauvin's pre-existing heart condition, Hennepin County Judge Peter Cahill should impose a probationary sentence which limits his incarceration to time served.
Nelson wrote: "Chauvin’s age weighs in his favor when determining a sentence.
"The life expectancy of police officers is generally shorter, and police officers have a significantly higher average probability of death from specific diseases than did males in the general population.
"[Chauvin" has been preliminarily diagnosed with heart damage and may likely die at a younger age like many ex-law enforcement officers."
Chauvin's lawyer also argued that his client's murder of George Floyd was "best described as an error made in good faith" and not an intentionally illegal act.
However, Judge Cahill ruled that there were a number of aggravating factors to consider in the case, including Chauvin's abuse of his authority.
These include the fact that there were children were present at the time of Floyd's death and that Chauvin incited a group crime that involved at least three other fellow police officers.
The prosecution also filed a motion arguing that Chauvin should be sentenced to a full term of 30 years in jail, arguing that the sentence, which would be twice as long as the higher end of the recommended sentencing range should "properly account for the profound impact" of his actions.
Per the court documents, the prosecutors wrote: "the defendant cruelly murdered Mr. Floyd in public view. His actions traumatized Mr. Floyd's family [...] None of them will ever be able to see their beloved 'Perry' again."
The 45-year-old former cop is due to be sentenced on June 25, after being found guilty in April of three counts of second-degree unintentional murder, third-degree murder, and second-degree manslaughter in the Floyd trial.
