Judge rules Derek Chauvin acted with 'particular cruelty' to George Floyd so longer sentence can be considered

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Derek Chauvin faces a harsher sentence after a judge ruled that he acted with "particular cruelty" in the way he treated George Floyd.

Hennepin County District Judge Peter Cahill ruled on Wednesday, May 12, that there were a number of aggravating factors in the murder of Floyd that took place on May 25, 2020, as per the Wall Street Journal.

The judge, who presided over the former Minneapolis police officer's murder trial, said that he is "beyond a reasonable doubt" that Chauvin "abused his position of authority".

There were also additional aggravating factors noted by the judge in his ruling, including that there were children present at the time of the murder, and that Chauvin incited a group crime that involved at least three people actively participating.

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Cahill made no finding when it came to the intent or knowledge of the three other former officers involved in the incident: Tou Thao, Thomas Lane, and Alexander Kueng.

All three have pleaded not guilty to charges of aiding and abetting.

As per The Daily Beast, Cahill wrote: "When it became clear even to the bystanders that George Floyd was in medical distress, was no longer responsive, and had ceased breathing, [Chauvin] further abused his position of truth and authority by not rendering aid, by declining two suggestions from one of his fellow officers to place George Floyd on his side, and by preventing bystanders, including an off-duty Minneapolis firefighter, from assisting."

CNN reports that Chauvin's defense attorney, Eric Nelson, had previously argued that aggravating factors did not exist in the case.

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Chauvin will be sentenced on June 25 after being found guilty last month of three counts of second-degree unintentional murder, third-degree murder, and second-degree manslaughter in the Floyd trial.

NBC News reports that the former police officer is unlikely to spend more than 30 years behind bars even when the aggravating factors in the case are taken into consideration.

This is because he will only be sentenced under the most serious charge of second-degree murder, despite being found guilty on three counts, according to Minnesota statutes.

Sentencing guidelines for the crime include a presumptive sentence of twelve and a half years as Chauvin has no prior criminal record.

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