Derek Chauvin Sentence: How Long Will He Spend In Prison?

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MINNEAPOLIS (WCCO) — Derek Chauvin is spending his first full day in the Minnesota Correctional Facility in Oak Park Heights.

He showed no reaction Tuesday afternoon as the judge read all three unanimous guilty verdicts for the murder of George Floyd on Memorial Day last year. Chauvin was quickly handcuffed and taken out of the courtroom.

The former Minneapolis police officer is guilty of second-degree unintentional murder, third-degree murder and second-degree manslaughter.

Chauvin will stay locked up until his sentencing date in about eight weeks.

Judge Peter Cahill will decide if an upward sentencing departure applies to this case. Based on minimum sentencing guidelines, Chauvin will get at least 12 and a half years in prison, but it could be much longer.

“Under the Minnesota sentencing guidelines, if you kill someone intentionally … that’s 25 years (in prison). Different from first-degree murder, which is premeditated, but if you intend to kill someone it’s 25 years,” attorney Joe Tamburino said. “Chauvin was convicted of an unintentional murder and negligence crimes. So would the judge give him the same time as if he actually intended to kill Mr. Floyd? That’s going to be a critical issue.”

As the killing happened in front of children, the state is arguing that Chauvin treated Floyd with particular cruelty, and he abused his position of authority.

“As long as the judge finds the aggravating factors exist — such as the crime being committed in front of kids, or in particular cruelty — then the judge can go from the 12 and a half year guideline all the way up to 40 years,” Tamburino said.

The Minnesota Department of Corrections says Chauvin is on “administrative segregation” status for his safety. He’s in the Administrative Control Unit, the most secure unit in Minnesota Correctional Facility-Oak Park Heights.

The Department of Corrections says Administrative segregation is used when someone’s presence in the general population is a safety concern.

The three officers who were with Chauvin when they arrested Floyd last May — Tou Thao, Thomas Lane and Alexander Kueng — are scheduled to go on trial together on Aug. 23. They are charged with aiding and abetting second degree unintentional murder and aiding and abetting second degree manslaughter.

Tamburino said he expects their lawyers will file motions to change some of the rulings that that went into Chauvin’s trial, such as the presentation of body-worn cameras.

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