Thread for Derek Chauvin trial watchers?

[Anonymous]

Then I'm confused. The absolute max under the guidelines was 30 years and he got 22.5 (plus 199 days time served)?

[Anonymous]

Anonymous wrote:Anyone watching the sentencing?

My prediction: 10 years (max is 30)

I was guessing around 10, but hoped he got 5 which would have been more fair.

[Anonymous]

Anonymous wrote:Chauvin says he can't make a statement because of some other pending legal issues, but gives his condolences to the Floyd family and says there will be some information released soon that he hopes gives them peace. WTF is he talking about?

That George Floyd died from COVID precautions and would have died anyway

[Anonymous]

He should have got life. He took a life needlessly. He’ll be out in 10 years. There are black men in prison on non violent charges who got more time.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Chauvin says he can't make a statement because of some other pending legal issues, but gives his condolences to the Floyd family and says there will be some information released soon that he hopes gives them peace. WTF is he talking about?

That George Floyd died from COVID precautions and would have died anyway

and the knee on his neck had nothing to do with it?

[Anonymous]

Anonymous wrote:He should have got life. He took a life needlessly. He’ll be out in 10 years. There are black men in prison on non violent charges who got more time.

He was in and out of jail. After the home invasion of the pregnant woman he should have been put away for at least 20 years.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Anyone watching the sentencing?

Can you believe his moms statement?
When you sentence Derek, you’ll be sentencing me. I will not be able to give him our “special hug".

There's going to be one less competitor at MotherBoy this year, that's for sure.

love it

[Anonymous]

Anonymous wrote:Then I'm confused. The absolute max under the guidelines was 30 years and he got 22.5 (plus 199 days time served)?

Yes. This is still an upward departure based on what he was convicted of and his criminal history score under the MN sentencing guidelines. However, it is true that a “single aggravating factor” would allow the judge to double the presumptive guidelines to the statutory max and that’s what the state argued for (30 years). To some extent, the judge does need to take into account precedent and arguments that would be raised on appeal.

In the sentencing order the judge noted that when analyzing cases of this nature where aggravated sentences were imposed, the average aggravated departure sentence was 278.2 months for defendants with a criminal history score of zero. He then noted that some of the departures at the top end were plea deals and had other factors, and imposed a 270 month sentence.

Some people are confused over the judge’s comment about “ten years over the presumptive 150 month sentence” since technically the guidelines allow 180 months without a formal finding of aggravated factors. The grid effectively allows judges discretion between 128-180 months, but lists 150 months as the “presumed” sentence. That is a confusing because “presumptive guidelines” refers to the 128-180 months range and “presumed sentence” refers to the 150 months that is “recommended” by the guidelines and what Cahill was referring to in that context. You’ll also see Cahill reference at times “bottom of the box” (128) and “top of the box” (180).

[Anonymous]

Anonymous wrote:Then I'm confused. The absolute max under the guidelines was 30 years and he got 22.5 (plus 199 days time served)?

Yes.

But he will serve 2/3 … 15 years

If the judge gives a sentence that is much longer than previous similar cases they can challenge the ruling and say the media attention was the cause for a higher sentence instead of the crime.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Then I'm confused. The absolute max under the guidelines was 30 years and he got 22.5 (plus 199 days time served)?

Yes. This is still an upward departure based on what he was convicted of and his criminal history score under the MN sentencing guidelines. However, it is true that a “single aggravating factor” would allow the judge to double the presumptive guidelines to the statutory max and that’s what the state argued for (30 years). To some extent, the judge does need to take into account precedent and arguments that would be raised on appeal.

In the sentencing order the judge noted that when analyzing cases of this nature where aggravated sentences were imposed, the average aggravated departure sentence was 278.2 months for defendants with a criminal history score of zero. He then noted that some of the departures at the top end were plea deals and had other factors, and imposed a 270 month sentence.

Some people are confused over the judge’s comment about “ten years over the presumptive 150 month sentence” since technically the guidelines allow 180 months without a formal finding of aggravated factors. The grid effectively allows judges discretion between 128-180 months, but lists 150 months as the “presumed” sentence. That is a confusing because “presumptive guidelines” refers to the 128-180 months range and “presumed sentence” refers to the 150 months that is “recommended” by the guidelines and what Cahill was referring to in that context. You’ll also see Cahill reference at times “bottom of the box” (128) and “top of the box” (180).

Thank you for this detailed response. I love it when knowledgeable people respond with facts.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I’m worried about Chauvin’s safety in prison. I can’t imagine what he’s feeling tonight. (K, flame me for sympathy for the devil, whatever. I like to look at things from the other side.)

Eric Nelson looked close to tears after the verdict—his glasses were even a little foggy. I can’t imagine what he feels either.

You can worry for both of us, because I am utterly unconcerned about how Chauvin will fare in prison.

I pity Chauvin, but he had a very long time to make his choice the day he knelt on Floyd's neck and killed him, so it's more of a sadness that he did this to himself when there were so many other choices he could have made.

He really did. I mean minute 3 would have been long enough! Also, Floyd had many chances to change yet kept committing crimes. His violent home invasion, and assault should have kept him behind bars. Especially since he kept committing crimes. The second or third time he should have been declared out!

[Anonymous]

Anonymous wrote:

Anonymous wrote:He should have got life. He took a life needlessly. He’ll be out in 10 years. There are black men in prison on non violent charges who got more time.

He was in and out of jail. After the home invasion of the pregnant woman he should have been put away for at least 20 years.

Interesting. That’s certainly not how he’s been portrayed in the media.

[Anonymous]

Maybe the media portrayal emphasized that, whoever George Floyd was, he was a human being interacting with LEOs who aren’t supposed to be judge and/or jury, but to respond to the situation at hand, and to not kill people who aren’t an immediate threat to the LEO.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:He should have got life. He took a life needlessly. He’ll be out in 10 years. There are black men in prison on non violent charges who got more time.

He was in and out of jail. After the home invasion of the pregnant woman he should have been put away for at least 20 years.

Interesting. That’s certainly not how he’s been portrayed in the media.

He wasn’t a saint. He didn’t deserve to be killed. He is a representation of the police brutality that has been going on for a long time. If it wasn’t all on video, we would never be having this discussion, because Chauvin never would have been charged.

George Floyd was a human being, and had rights that were trampled. There is no harm in recognizing his personhood and his right to survive what should have been a minor interaction with police.