(Minneapolis) Former Minneapolis cop Derek Chauvin appears to be on the verge of pleading guilty to violating George Floyd’s civil rights, which would save him a federal trial, but could dramatically increase his time spent behind bars.
A notice sent on Monday by the court’s electronic filing system indicates that a hearing is scheduled for Wednesday for Derek Chauvin to change his response to the charge. This type of notice usually indicates that a defendant intends to plead guilty, but nothing will be official until this happens in court.
Derek Chauvin has previously been convicted of murder and manslaughter for pressing his knee against George Floyd’s neck when the black man said he could not breathe during an arrest on May 25, 2020. The police officer was sentenced to 22 and a half years in prison.
Derek Chauvin and three other former police officers – Thomas Lane, J. Kueng and Tou Thao – were all charged earlier this year with willful violation of Mr. Floyd’s rights. Their trial is expected to take place at the end of January.
Derek Chauvin’s plea could have a positive effect for the other three police officers involved in the case. The three men had asked the court to separate their trials from that of Mr. Chauvin, arguing that his presence would harm them in front of a jury, but this request was rejected.
Mike Brandt, a defense attorney unrelated to the case, clarified that a trial without Derek Chauvin could make some inflammatory evidence inaccessible to jurors.
Mr Brandt also indicated that if Derek Chauvin pleads guilty he may be compelled to testify – which could benefit others if he claims he was the experienced officer on the scene who made the decision to do so. what he did.
The information sent on Monday gives no indication that the other three officers intend to plead guilty. Messages left with their lawyers were not returned.
Mark Osler, a professor at the Faculty of Law at the University of St. Thomas, pointed out that any potential prison sentence that could be imposed on Derek Chauvin at the federal level would likely be served concurrently with his sentence at the federal level. State. However, the federal sentence could be much longer, up to life in prison.
By claiming responsibility, Derek Chauvin could hope for a reduction in his federal sentence. While this is rare, Osler said he could also arrange to serve his sentence in the federal prison system, which could benefit him since he was placed in solitary confinement in Minnesota.
Mr Brandt concedes, however, that Derek Chauvin’s notoriety risks following him into the federal prison system and that he may still need to be placed in segregation for his own safety.
“I guess he actually negotiated something that would allow him to see the light of day before he left the earth,” Mr. Brandt said.
But the federal system does not provide for parole, so even with a reduced federal criminal sentence, Derek Chauvin could spend more time behind bars.
In Minnesota, defendants with good conduct serve two-thirds of their sentences in prison, and one-third on supervised release, also known as parole. According to this formula, Derek Chauvin should serve 15 years in prison for state charges, and 7.5 years on parole.
“Derek Chauvin could face a federal sentence ranging from 27 years to over 33 years in prison, with a small deduction for his guilty plea,” Mr. Osler said. But the lengths of sentences are not compulsory and Mr. Osler estimated that Derek Chauvin may well be sentenced to a sentence in the lower end of the range.
According to state evidence against Mr. Chauvin, the two ex-police officers Mr. Kueng and Mr. Lane helped subdue George Floyd, 46, while he was on the ground – Mr. Kueng knelt on Floyd’s back and Mr. Lane held his legs up. Mr. Thao restrained passers-by and prevented them from intervening during the nine and a half minutes of coercion.
The arrest and death of George Floyd, which a passerby filmed on a cell phone, sparked mass protests across the United States, calling for an end to racial inequalities and the mistreatment of black people by black people. law enforcement.
The four former police officers were indicted in federal court for generally depriving George Floyd of his rights while acting under government authority, but the indictment goes into further detail on their charges. Derek Chauvin is accused of violating George Floyd’s right not to be subject to unreasonable seizure and not to be subjected to undue force by a police officer.
Mr. Thao and Mr. Kueng are accused of violating George Floyd’s right not to be subjected to unreasonable seizure by failing to intervene to stop Derek Chauvin who was kneeling on his neck. The four officers are also accused of failing to provide medical care to George Floyd.
It was not immediately clear whether Derek Chauvin planned to plead guilty to all or part of the federal charges against him in the death of George Floyd.
Mr Osler said he was not surprised that the other three ex-police officers did not appear to be involved in this plea deal, as they would likely face much less severe sentences than Mr Chauvin’s. they were doomed.
“If they were to plead guilty, the other three men would likely want to come to an agreement that would resolve both state and federal charges. ”, Said Mr. Osler.
The other three men were charged with aiding and abetting murder and manslaughter. They are due to be tried in this case in March.
Derek Chauvin is also charged in a second indictment, arising from the use of force and coercion by the neck of a 14-year-old boy in 2017.
This indictment alleges that Derek Chauvin deprived a boy, who is black, of his right not to be subjected to unreasonable force when he held him by the throat, hit him on the head with a flashlight and kept his knee on the boy’s neck and upper back as he lay handcuffed and not resisting. Court information gave no indication that Derek Chauvin would change his plea in this case.