Derek Chauvin, the former police officer charged with the murder of George Floyd has been found guilty of all 3 allegations he was charged with on Tuesday 20th of April 2021.
Derek Chauvin, who was seen on May 25th, 2020 pressing his knee on George Floyd’s neck for more than 9 minutes whilst Floyd suffocated to death despite his cry that he couldn’t breathe.
Derek Chauvin, the former police officer, was charged with second-degree and third-degree murder along with second-degree manslaughter in the death of George Floyd while trying to apprehend him.
George Floyd and Derek Chauvin had both caused a serious unrest through the viral video showing Derek apprehending George Floyd in a manner that would eventually lead to Floyd’s demise. This caused protests in the US and abroad with people showing their support against police brutality and racism and a call for justice for the diseased.
THE CHARGES AGAINST DEREK CHAUVIN EXPLAINED
SECOND-DEGREE MURDER CHARGE
Also known as felony murder, second-degree murder means causing the death of a human without the intention to kill the person while committing or attempting to commit another felony. Which in this case was a third-degree assault. Derek Chauvin was found guilty of this charge.
“it is not necessary for the state to prove the defendant had an intent to kill Floyd but it must prove that the defendant committed or attempted to commit the underlying felony”. Judge Cahill said.
Cahill further added;
“it is not necessary for the state to prove that the defendant to inflict substantial bodily harm or knew that his actions would inflict such, only that he defendant intended to commit the assault and Gorge Floyd sustained substantial bodily harm.”
THIRD-DEGREE MURDER CHARGE
Third-degree murder is the unintentional cause of death to a person by committing an extremely dangerous act to the person/people with reckless regard for human life. Derek Chauvin was guilty of this charge as well.
Judge Cahill said;
“In Minnesota, the law reveals an act that is eminently dangerous is one that is highly likely to take human life… the defendant’s act may not have been specifically intended to cause death and it may not have been specifically directed to the person whose death occurred but it just have been committed with a conscious indifference to the loss of life.”
Cahill had earlier ruled out this charge last fall saying it did not fit the Derek Chauvin case because the law governing it required a show of danger to other people but during the jury selection in the Derek Chauvin trial, the appeals court said Dereck Chauvin should not be dismissed this charge and thus was reinstated shortly afterwards.
SECOND-DEGREE MANSLAUGHTER CHARGE
Second-degree manslaughter is the act where an individual creates an unnecessary risk yet purposely takes the chance of possibly causing death or great harm to someone else. Derek Chauvin was also charged with committing this crime.
The judge, Cahill explained to the jury that no crime can be found with an on-duty police officer using reasonable force to subdue a convict for an arrest but to considering “totality of the facts and circumstances” and see whether or not Derek Chauvin had made reasonable actions.
WHAT HAPPENS TO DEREK CHAUVIN NOW?
Derek Chauvin to face 150 months (12.5 years) in prison in accordance to guidelines for sentencing first-time offenders. However, the prosecution is seeking for a much higher jail term which may lead him end up spending up to 30 years in prison. however, it is still up to the judge to decide on such decision should need eventually warrant it.