Court Finds Aggravating Factors in Derek Chauvin Case Prior to Sentencing

In this photo provided by the Minnesota Department of Corrections, former Minneapolis police officer Derek Chauvin poses for a booking photo after his conviction April 21, 2021 in Minneapolis, Minnesota. Chauvin was found guilty on all three charges in the murder of George Floyd. (Photo by Minnesota Department of Corrections …
Minnesota Department of Corrections via Getty Images

The Hennepin County, Minnesota, court that will sentence former police officer Derek Chauvin next month for the murder of George Floyd last May found several aggravating factors Tuesday that will likely prolong the sentence that is handed down.

In its ruling, the court found that several aggravating factors had been proven “beyond a reasonable doubt.” One was that Chauvin had “abused a position of trust and authority” as a police officer, who would have been expected to use reasonable force and to attend to the medical needs of anyone who had been arrested “in a timely fashion.” The danger of kneeling on Floyd posed a risk of asphyxia that was not only “theoretical,” but real, the court said, as other officers warned him about it.

The court also found Chauvin “treated George Floyd with particular cruelty,” and noted that children “were present during the commission of the offense,” another aggravating factor. In addition, without ruling on the guilt of the other three officers, the court found that Chauvin committed his crimes with “a group with the active participation of at least three other persons.”

The court ruled against a finding that the “victim was particularly vulnerable,” noting that Floyd had resisted arrest.

Chauvin was convicted of all three charges he faced — second-degree unintentional murder, third-degree murder, and second-degree manslaughter.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). He is the author of the new e-book, The Zionist Conspiracy (and how to join it). His recent book, RED NOVEMBER, tells the story of the 2020 Democratic presidential primary from a conservative perspective. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.


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