Chauvin sentenced to over 22 years in prison

Protestors raise their fists in solidarity with the Black community outside the McKinley Monument at the Ohio Statehouse, June 4, 2020. Tom Hanks/Staff

By Tom Hanks

Former Minneapolis police officer Derek Chauvin was sentenced Friday to 22-and-a-half years in prison for the murder of George Floyd, whose death while in police custody led to the largest outcry and reckoning against systemic racism in the U.S. since the civil rights movement.

Chauvin faced up to 40 years in prison. He also awaits trial on federal civil rights charges, along with three other Minneapolis police officers J. Alexander Keung, Tou Thao and Thomas Lane. 

Chauvin was sentenced only on the most serious charge of second-degree murder, as all of the charges against him stem from one act against one victim.

Judge Peter Cahill considered a recommendation by prosecutors for a 30-year sentence, several aggravating factors as well as the defense’s request for probation before making a decision, as well as victim impact statements.

“What the sentence is not based on is emotion or sympathy,” Cahill said. “But at the same time I want to acknowledge the deep and tremendous pain that all the families are feeling, especially the Floyd family. You have our sympathies and I acknowledge and hear the pain that you are feeling.”

Cahill acknowledged that Floyd’s death has been painful for the community, but “most importantly” for the family.

“I’m not going to attempt to be profound or clever because it’s not the appropriate time,” Cahill said. “I’m not basing my sentence, also, on public opinion. I am not basing it on any attempt to send any messages.”

The sentencing hearing began at 2:30 p.m. as Floyd’s family members took the stand and expressed their anguish over his death.

George Floyd's 7-year-old daughter, Gianna, was the first family member to speak. 

"I ask about him all the time," she said on a video that was played for the court. Gianna said she asks, "How did my dad get hurt?"

She was asked on the video if she wished her dad was still here, and she responded, "Yeah, but he is."

Terrence Floyd, George Floyd’s brother, grew increasingly emotional as he spoke, even pleading with Chauvin for closure.

“Over this last year and months, I actually talked to a few people and I wanted to know from the man himself, 'Why? What were you thinking?”, he asked. “What was going through your head when you had your knee on my brother's neck? When you knew that he posed no threat anymore, and he was handcuffed, why didn't you at least get up? Why did you stay there?”

The final victim impact statement came from George Floyd’s brother Philonise, who chronicled the transition one year ago from trucker to family spokesman.

“Every day I have begged for justice to be served, reliving the execution of George,” he said. “I haven’t had a real night’s sleep because of the nightmares I constantly have, hearing my brother beg and plead for his life over and over again. I have had to sit through each day of Officer Derek Chauvin’s trial and watch the video of George dying for hours over and over again.”

He called for Judge Cahill to grant Chauvin the maximum sentence allowable under Minnesota law.

“George’s life mattered,” Floyd said. “My niece Gianna, she needs closure.”

Derek Chauvin’s mother, Carolyn Pawlenty, appeared in court to plead for mercy for her son, lamenting that the reputation of her son has been reduced to that of “an aggressive, heartless and uncaring person” and a racist. 

“I can tell you that is far from the truth,” Pawlenty told the judge. “I want this court to know that none of these things are true and that my son is a good man. Derek, I want you to know I have always believed in your innocence, and I will never waver from that.”

Chauvin offered his condolences to the Floyd family, while hinting that “other information” is due to be released in the future. It is unclear what “other information” Chauvin was referring to.

Ahead of Friday’s sentencing, Judge Cahill agreed with prosecutors that there were aggravating circumstances that could justify a steeper punishment than the recommended 12 1/2 years — among them, that Chauvin treated Floyd with particular cruelty, abused his position of authority as a police officer and did it in front of children.

Friday morning, Judge Cahill denied Chauvin’s request for a retrial. The defense argued that intense publicity and comments from high-profile officials such as President Joe Biden and Rep. Maxine Waters (D-CA) calling for a guilty verdict, tainted the jury pool – and as a result, the trial should have been moved out of Minneapolis.

Judge Cahill also rejected a request for a hearing into juror misconduct. Defense attorneys accused a juror of not being open during jury selection about his participation in a march honoring the Rev. Martin Luther King Jr. Prosecutors found that the juror in question was indeed open about his views and found no wrongdoing. 

Under Minnesota law, Chauvin may not be required to serve the full term of his sentence. It is presumed that inmates who display good behavior will serve two-thirds of their sentence with the rest on supervised release, more commonly known as parole or probation.

If this happens, Chauvin will only spend 15 years in prison. Once on probation, he risks being sent back to prison to serve the remainder of his sentence should he violate the conditions of his parole.

With Chauvin’s sentencing, the Floyd family and Black America witnessed something of a rarity.

In the small number of instances in which officers accused of brutality or other misconduct against Black people have gone to trial, the list of acquittals and mistrials is longer than the list of convictions.

In recent years, acquittals have included officers tried in the deaths of Philando Castile in suburban Minneapolis and Terence Crutcher in Tulsa, Oklahoma.

Two mistrials were declared in 2016 and 2017, respectively, over the death of Samuel Dubose in Cincinnati.

Keung, Thao and Lane are scheduled to appear in court in March on state charges of aiding and abetting both murder and manslaughter. No date has been set for that trial.