In a motion filed Monday, prosecutors say an upward departure from sentencing guidelines is warranted for four former police officers charged in the killing of George Floyd.
They argue that Floyd was vulnerable as he was detained during the Memorial Day incident and that the men abused their authority as police officers in the commission of a crime. They point out that Floyd was cuffed and pinned to the street for nearly nine minutes.
“As a result, Floyd was ‘particularly vulnerable’ when defendants committed the crime. Defendants knew or should have known as much,” states the motion.
All four defendants are now out of custody. Last week Derek Chauvin was released from jail after posted a $1 million bond. His release sparked protests and police arrested 51 people in a demonstration held in Minneapolis.
Chauvin faces second- and third-degree murder charges as well as manslaughter. Second-degree murder carries a maximum penalty of 40 years.
The other three men, Tou Thao, Thomas Lane and J. Alexander Kueng are charged with aiding and abetting Chauvin.
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