Derek Chauvin's sentencing pushed back to June 25
Derek Chauvin's latest mugshot after he was booked into prison following his conviction. (Minnesota Dept. of Corrections)
MINNEAPOLIS (FOX 9) - Derek Chauvin, the former Minneapolis police officer found guilty of murder in George Floyd’s death, will now be sentenced on June 25.
Online court records show Chauvin’s sentencing has been pushed back from June 16 to June 25. The change was made due to availability of the parties, sources told FOX 9.
Chauvin, 45, was convicted of second-degree murder, third-degree murder and second-degree manslaughter for pressing his knee onto Floyd’s neck for over nine minutes on May 25, 2020 as Floyd cried out that he could not breathe.
Chauvin is currently in custody at the state’s maximum security prison in Oak Park Heights, which is where he will remain until Judge Peter Cahill decides his sentence.
Under Minnesota statutes, Chauvin will only be sentenced on the most serious charge, second-degree murder, which carries a maximum sentence of 40 years in prison.
The presumptive sentence for second-degree unintentional murder for someone like Chauvin, who has no criminal record, is 12 and 1/2 years, according to the state’s sentencing guidelines, although Judge Cahill could sentence Chauvin to anywhere within the advisory guideline range, from 10 years and eight months to 15 years.
However, prosecutors are seeking a longer sentence in Chauvin’s case, called an "upward departure" from the sentencing guidelines. The judge can sentence Chauvin up to 40 years if the prosecution successfully argues there are "aggravating factors" in the case, such as that the crime was committed in front of children. Experts say it is more likely Chauvin will get 30 years or less, according to the Associated Press.
EXPLAINER: Why is Chauvin unlikely to face the maximum sentence?
The sentencing will take place on Friday, June 35 at 1:30 p.m. Chauvin did not testify in his own defense, but he could address the court at his sentencing.