Minnesota (Associated Press)-According to an order issued on Wednesday, a judge in Minnesota ruled that George Floyd’s death was exacerbated by Derek Chauvin. May be sentenced to a longer sentence paved the way.

Judge Peter Cahill found in Tuesday’s ruling that Chauvin had abused his power as a police officer when he restrained Floyd last year and treated Freud particularly cruelly ( Floyd). He also cited the presence of children when he committed the crime, and Chauvin was a member of a team composed of at least three other people.

Cahill said that Shavin and two other police officers handcuffed Freud to a prone street “for too long”, and Shavin knew that restraint was dangerous.

Cahill wrote: “The long-term use of this technology is particularly shocking because George Floyd made it clear that he could not breathe and that he was dying due to the restraint of the officer.”

Even with exacerbating factors, legal experts also said that Chauvin, 45, is Unlikely to exceed 30 years He was sentenced on June 25.

Chauvin is white. He was convicted of second-degree knee murder, third-degree murder, and second-degree manslaughter in April because his knee was pressed against Freud’s neck for about 9 1/2 minutes, because the black said He couldn’t breathe motionless.

Even if he is convicted of three counts, according to Minnesota law, he will only be convicted of one of the most serious crimes-second-degree murder. According to Minnesota’s sentencing guidelines, he will face a presumed sentence of 12 1/2 years for this crime, while Cahill may be sentenced to 10 years and 8 months or 15 years in prison, but it is still within the guidance. .

However, the prosecutor asked for a so-called “upward evacuation” because Freud was particularly vulnerable to injuries when his hands were handcuffed when he fell on the ground face to face. They pointed out that even after Freud became indifferent and the officers knew that he was not moving, Chavin still maintained his position.

Mark Osler, a professor at the University of Saint Thomas Law School, said that based on Tuesday’s ruling, Cahill allowed himself to sentence Chauvin beyond the guidelines, although he did not have to do so. He said that lawyers on both sides will debate whether the upward deviation is appropriate and how long the sentence should be.

The investigation report before the verdict will also be conducted. These are usually non-public and include highly personal information, such as family medical history and mental health issues, as well as detailed information about criminal behavior and the harm it has caused to others and the community.

When the prosecutor argued that he was withdrawing upwards, he said that Chauvin had treated Freud in a long time of restraint and that Chauvin had caused unnecessary pain and psychological distress to Freud and bystanders. They also said that Chauvin abused his power as a police officer, was part of a criminal group of three or more, and pinned Floyd together in the presence of children, including a 9-year-old girl who testified. . During the trial, watching the bondage made her “feel sad and crazy.”

Cahill agreed with the prosecutor’s argument, but only one of them. He said that the prosecutor did not prove Freud was particularly vulnerable, and pointed out that although Freud was handcuffed, he was still able to fight the police officers who tried to put him in the squad.

But Cahill said that another police officer checked Freud’s pulse twice and told Qiaowen that he hadn’t found it. Another police officer suggested to roll Freud to his side and said he was in a coma. Cahill said these officials let Shavin know that the suffocation was actually taking place, but Shavin still held his position.

Cahill said that when onlookers knew Freud was in trouble and stopped breathing, Qiao Wen continued to abuse his power and not provide assistance.

Upon discovering that Joven had treated Freud particularly cruelly, Cahill wrote: “The slow death that occurred within about six minutes of George Freud’s suffocation in his position was particularly cruel, because Freud Mr. De was begging for his life and was afraid that he might die because he learned of his life, but during this period, the defendant was objectively indifferent to Mr. Freud’s request.”

Defense attorney Eric Nelson disagrees with the state, saying that prosecutors have not proved that there is an aggravating factor. He said that Chavin has the legal power to assist Freud in his arrest and has been authorized by law to use reasonable force. He also said that Freud was not particularly vulnerable, saying that he was a big man and was fighting with military officers.

Nelson also argued that Freud was not treated particularly cruelly. He said there was no evidence that Chauvin’s attacks involved unprovoked suffering and were usually not related to second-degree murder.

Regardless of Chauvin’s sentence, in Minnesota, defendants who are presumed to be well-behaved will serve two-thirds of the sentence in jail, and the rest will be carried out under supervised release, often referred to as parole.

Shavin also Accused of a federal crime He is accused of violating Floyd’s civil rights and the civil rights of a 14-year-old citizen he restrained in his arrest in 2017. If convictions are made for these undisclosed charges on Friday, the federal sentence will be concurrent with the state sentence in Chauvin. Three other former officials involved in Freud’s death were also charged with violating federal civil rights; they are waiting for assistance and teaching be trial in state courts.