On July 7, 2022, in the U.S. District Court in St. Paul, Minnesota, Judge Paul A. Magnuson sentenced Derek Chauvin to 245 months (20.4 years) in federal prison for (a) his depriving George Floyd of his federal civil rights by pinning his knee against Floyd’s neck and by failing to provide medical care for Floyd on May 25, 2020, ultimately causing his death and (b) Chauvin’s holding down with his knee John Pope, then a 14-year old boy in 2007, and failing to provide medical care to the boy and thereby causing non-fatal injuries. [1]
At the hearing, Judge Magnuson said, “I really don’t know why you did what you did. But to put your knee on another person’s neck until they expire is simply wrong and for that conduct you must be substantially punished. Your conduct is wrong and it is offensive. To put a knee on another person’s neck is unconscionable.” In addition, the Judge said that Chauvin’s taking control of the Floyd arrest had “absolutely destroyed the lives of three other young officers [Thomas Lane, J. Alexander Kueng and Tou Thao].”
Other Comments at the Hearing
Before the Judge announced the sentence, the federal prosecutor, LeeAnn Bell, said the sentence “needs to reflect the intentionality. He wasn’t a rookie. He’d been a police officer for years. He knew what his training was. He knew what he was doing was wrong and he did it anyway.” The prosecution’s request for the longer sentence of 25 years reflected that fact that Chauvin’s crime against John Pope was not part of the state case over the killing of George Floyd, for which Chauvin previously was convicted and sentenced by the state court.
George Floyd’s brother, Philonise, said, “I haven’t had a real night’s sleep since this happened. Hearing my brother beg and plead for his life again and again, screaming for our mom.” His family had received a “life sentence. We will never get George back.”
Courtney Ross, Floyd’s girlfriend, in a written statement read by the Judge said, “I don’t hate you, Mr. Chauvin. I’m working on forgiving you because that’s what George Floyd would want me to do.”
John Pope told the court that his encounter with Chauvin had changed him from a “happy’ person to someone who saw his dreams “slip from my hands.” Pope hopes Chauvin takes this time to think about what he could have done differently and what he did to others,” noting that Chauvin’s actions against him had gone unchallenged until Floyd’s killing.
Chauvin’s attorney, Eric Nelson, told the court that Chauvin had received over 1,000 letters of support, evidencing his good “character and qualities as a human being,” that Chauvin had already been punished by [the State of Minnesota] for the offenses [against Mr. Floyd] and that Chauvin had accepted his wrongdoing and had expressed remorse for the harm that has flowed from his actions.
Chauvin himself said that he wanted “to wish [Floyd’s children] all the best in their life and have excellent guidance in becoming great adults.” To John Pope, Chauvin said, “I hope you have a good relationship with your mother and also your sister, and I hope you have the ability to get the best education possible to lead a productive and rewarding life.” But Chauvin did not apologize.
Chauvin’s mother, Carolyn Pawlenty, thanked his supporters and denounced the “misinformation” in media that her son is a racist and has no heart. Everyone in Minnesota needs to heal and realize that all lives matter, no matter the color of your skin. Every life matters.” She then asked for federal prison placement in Minnesota or Iowa to be close to his family.
Background for the Hearing[2]
On December 15, 2021, Chauvin pleaded guilty to two counts of depriving Mr. Floyd of his federally-protected civil rights and ultimately causing his death and to the charges for his 2017 misconduct with Mr. Pope, and under the negotiated Plea Agreement the prosecution and Chauvin agreed that the court could impose imprisonment of 20 to 25 years for these crimes.
This plea agreement was approved by Judge Magnuson on May 4, 2022, when he said the federal sentence would be in accordance with that plea agreement.
Conclusion[3]
Since his conviction on the state criminal charges, Chauvin has been in “administrative segregation” in Minnesota’s maximum security prison in Oak Park Heights, MN and largely confined to a 10-by-10-foot room with about one hour a day outside for exercise.
Now he will be transferred to a federal prison. The federal Bureau of Prisons will decide where Chauvin will be assigned, after evaluating his medical or programming needs, separation and security measures to ensure his protection and proximity to his release residence. Experts speculate that he probably will start in a medium-security facility. Former U.S. Attorney Tom Heffelfinger observed, “It’s dangerous to be an officer in any prison. It’s even more dangerous in state prison because of the nature of the inmate population. There are gangs, for example. And police officers just don’t do well there. Those risks are reduced in a federal prison.”
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1 U.S. Sentencing Memorandum, U.S. v. Chauvin, Criminal No. 21-108(01), U.S. Dist. Ct. MN (June 22, 2022); Defendant’s Position Regarding Sentencing, U.S. v. Chauvin, Criminal No. 21-108(01), U.S. Dist. Ct. MN (June 22, 2022); Montemayor, Derek Chauvin’s federal sentencing scheduled for Thursday, StarTribune (July 5, 2020); Karnowski (AP), Derek Chauvin to be sentenced Thursday in St. Paul on federal charges in George Floyd killing, Pioneer Press (July 5, 2022); Almasy, Derek Chauvin to be sentenced Thursday on federal charges, cnn.com (July 7, 2022); Bailey, Derek Chauvin faces federal sentence for Floyd’s killing, Wash. Post (July 7, 2022); Collins & Sepic, George Floyd killing: Derek Chauvin sentencing underway in federal court, MPRNews (July 7, 2022); Karnowski (AP), Chauvin gets 21 years for violating Floyd’s civil rights, AP News.com (July 7, 2022); Bailey, Chauvin sentenced to 20 years for violating Floyd’s civil rights, Wash. Post (July 7, 2022); Sepic & Collins, Ex-cop Chauvin gets 20-plus years for violating George Floyd’s civil rights, MPRNews (July 7, 2022); Senter & Dewan, Killer of George Floyd Sentenced to 21 Years for violating civil rights, N.Y. Times (July 7, 2022).
[2] Federal Criminal Trial for Killing George Floyd: Jury Deliberations and Verdict, dwkcommentaries.com (Feb. 25, 2022); Derek Chauvin Pleads Guilty to Federal Criminal Charges Over George Floyd Killing and Excess Force Against Teenager, dwkcommentaries.com (Dec. 16, 2021); Comment: Federal Court Accepts Chauvin’s Plea Agreement, dwkcommentaries.com (July 7, 2022); Order, U.S. v. Chauvin, Criminal No. 21-108(01), U.S. Dist. Ct. MN (May 4, 2022).
[3] EXPLAINER: Chauvin heads to federal prison for Floyd’s death. StarTribune (July 7, 2022).
Federal Court’s Criminal Judgment for Derek Chauvin
On July 7, 2022, the U.S. District Court for the District of Minnesota filed its Judgment in the criminal case against Derek Chauvin.
It documents its sentence of Chauvin to 245 months imprisonment.
It also states, “Upon release from imprisonment, . . .[he] shall be on supervised release for a term of Five (5) Years on Count (I) of the Indictment [George Floyd killing], and One (1) Year on Count One (i) of the Information [John Pope attack] to run concurrently with each other.” The Judgment also Lists Mandatory and Standard Conditions of such release plus the following Special Conditions:
1. “The Defendant shall have no contact with the victims and the victims’ families (including letters, communication devices, audio, or visual devices, visits, or any contact through a third party) without prior consent of the Probation Officer.”
2. “The Defendant shall provide the Probation Officer access to any requested financial information, including credit reports, credit card bills, bank statements, and telephone bills.”
3. “The Defendant shall be prohibited from incurring new credit charges or opening additional lines of credit without approval of the Probation Officer.”
4. “The Defendant is prohibited from engaging in employment as a law enforcement officer, corrections officer, or security officer during the term of supervision.”
Judgment in a Criminal Case, U.S. v. Chauvin, Case No. 0:21-CR-00108(1), U.S. Dist. Ct., D. MN (July 7, 2022), https://ecf.mnd.uscourts.gov/doc1/10119406812.