Derek Chauvin’s Lawyer Files Motion for PROBATION Because … Cops Have A Shorter Life Expectancy
Derek Chauvin and his attorney have a lot of effen damn nerve as far as we’re concerned. Eric Nelson, the lawyer for the now ex-Minneapolis policeman who killed George Floyd, filed a motion on Wednesday requesting that a Minnesota judge only sentence the ex-Minneapolis cop to probation and time served, arguing that a police officer’s life expectancy is shorter than that of a civilian. Oh really. Tell that to Mr. Floyd.
The laughable (in our opinion) motion, filed Wednesday, comes roughly three weeks ahead of Chauvin’s sentencing hearing. The former officer faces up to 40 years in prison for the murder of George Floyd.
The motion for probation flies in the face of the state requesting a sentence of 360 months, or 30 years, according a court document filed Wednesday.
“Chauvin’s age weighs in his favor when determining a sentence,” the attorney, Eric Nelson, wrote. “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. He has been preliminary diagnosed with heart damage and may likely die at a younger age like many ex-law enforcement officers.”
Prosecutors successfully argued that aggravating factors on the day of Floyd’s death merit consideration of a lengthier sentence than the average 12 1/2 years that first-time offenders face when convicted of second-degree murder.
Hennepin County Judge Peter Cahill found a longer sentence was warranted on the following grounds:
Chauvin abused his authority during the killing
He killed Floyd in the presence of children as young as nine
Floyd was “particularly vulnerable” while handcuffed
Chauvin treated Floyd with “particular cruelty”
The other officers on scene acted as a group
Attorney Nelson is now asking Judge Cahill to reverse that finding and impose a lower than average sentence. Chauvin should be sentenced only to the time that he already served, Nelson argued.
Chauvin was unaware he was committing a crime on the day he killed Floyd, his attorney wrote. And while Chauvin has been “painted as a dangerous man” in the eyes of the public, Nelson argued he is not an “average offender” because he led a “hard-working, law abiding life” and had no criminal history prior to Floyd’s death.