George Floyd Trial: Derek Chauvin Found Guilty Of All Charges

On Tuesday, proceedings in the trial of Derek Chauvin concluded with the jury’s declaration that Mr Chauvin was guilty of second-degree murder, third-degree murder, and second-degree manslaughter. 

Appearing at the stand, Judge Peter A Cahill confirmed the verdict of the jury and stated:

“With the guilty verdicts returned we’re going to have Blakely - you may file a written argument as to Blakely factors within one week. The court will issue findings on the Blakely factors, the factual findings, one week after that. We’ll order a PSI [pre-sentence investigation report] immediately returnable in four weeks, and we will also have a briefing after you get the PSI six weeks from now and then eight weeks from now we will have sentencing.” 

On Monday, Derek Chauvin agreed to a waiver of the “Blakely factors.” These factors refer to the 2004 US Supreme Court Case of Blakely v Washington, in which the defendant asserted their rights under the Sixth Amendment of the US Constitution concerning their right to a fair trial. The case was significant whereby it determined that the jury, not the judge, should determine any facts used to impose a sentence that exceeded the sentencing guidelines for an offence on which a defendant is convicted, setting a precedent for similar developments in future trials. 

In relation to Minnesota v Chauvin, the prosecution has indicated that they will pursue longer sentences for the defendant, arguing that the crime Mr Chauvin committed occurred in the presence of children and that the crimes represented an abuse of governmental authority. Ultimately, Mr Chauvin’s waiver of the Blakely factors will give Judge Cahill, not the jury, the power to determine any aggravating factors that would justify a longer sentence than state sentencing guidelines allow.

Under Minnesota state law, a PSI, or pre-sentence investigation report, is a “confidential report ordered by the court and completed prior to sentencing that contains a factual and evaluative description of an offender’s personal and criminal history and character.” In all felony cases, a PSI is ordered by the court upon a conviction prior to sentencing and is designed to provide the sentencing court with a range of sentencing options in accordance with State law. 

Upon Mr Chauvin’s conviction, the head of Minnesota’s criminal division, prosecutor and Assistant Attorney General Matthew Frank stated:

“The state would move to have the court revoke the defendant’s bail and remand him into custody pending sentencing.”

As prosecutor Frank spoke, defence attorney Eric Nelson appeared visibly distressed by the verdict. The defendant proceeded to nod to Judge Cahill and placed his hands behind his back in preparation for handcuffing. The defendant was then removed from the room by the Hennepin County Sheriff, and the court was adjourned.