Thread by @UR_Ninja

The Derek Chauvin sentencing hearing has just begun, we’re streaming it live on Facebook:

facebook.com/unicornriot.ni…

The state has begun presenting victim impact statements to the court, they just played a video statement recorded by #GeorgeFloyd’s daughter Gianna Floyd.

Next victim impact statement is from Brandon Williams, Floyd’s nephew. Williams tells the court about how he won’t get any more “laughter, guidance, hugs, advice” from his uncle - those moments are “forever gone...our family is forever broken.” Requests maximum penalty.

George Floyd’s brother Terrence Floyd, from New York, is now giving an impact statement to Judge Peter Cahill’s court.

“This situation has really affected me and my family...any family member that went through this, we are part of a fraternity of families...it’s not one of those fraternities that you enjoy...”

- Terrence Floyd says he wants to ask Chauvin “Why? What were you thinking?”

Terrence Floyd says his last conversation with George Floyd was about setting up a play date for both of their daughters. Describes having to explain the case around George’s murder to his own daughter. Says his family will be “reliving it, years down the line.”

Terrence Floyd asks the court to impose the maximum penalty on former MPD cop Chauvin. “No more slaps on the wrist...if it was us...it would have been open and shut. We would have been under the jail for murdering somebody. So we ask for that same penalty for Derek Chauvin.”

Last victim impact statement is now being given by Philonise Floyd, another brother of George Floyd.

He tells the court “I was a trucker, and immediately my life changed forever. I began to speak for George to the world...every day I have begged for justice to be served...”

Philonise Floyd says he constantly loses sleep from reliving watching the video of his brother being murdered. Describes watching the video “over and over again” during Chauvin’s trial. “I have been lifting my voice tirelessly so that George’s death will not have been in vain.”

Philonise Floyd asks Judge Cahill to give Derek Chauvin the maximum sentence.

Assistant Minnesota Attorney General Matthew Frank is now giving sentencing arguments for the state, saying MPD officers went "above and beyond the call of duty' in testifying against their former brother in blue Derek Chauvin.

Assistant MN AG Frank says the Floyd family has shown "grace" throughout the #ChauvinTrial. Now he's referring to the state's sentencing brief and how this case interacts with MN state sentencing guidelines.

Asst MN AG Frank says Judge Cahill has discretion to "give a more serious sentence" than state sentencing guidelines recommend due to "aggravating factors" such as "an abuse of a position of trust and authority."

Frank describes #GeorgeFloyd "fighting to breathe...but he's held down by these three officers...so harshly that it rubs the skin off his face." Calls Chuavin's treatment of Floyd "torture"..."more cruel than a typical second-degree unintentional murder..."

Frank describes "children present, standing only a few feet from these officers" as another aggravating factor - "it's particularly bad to commit a crime in front of children", references the impact of witnessing trauma on the developing brain.

Frank cites another aggravating factor of committing the offense with two or more other persons - Lane and Kueng "holding Mr. Floyd down" and "keeping bystanders at bay".

"Officer Thao watched most of the suffocation and only went over to keep people from giving help."

Frank asks Judge Cahill for a "double upward" departure from the sentencing guidelines.

"This is a time for the criminal justice system to say, 'we hear you'"

"It's time for the criminal justice system to say this is more serious than a typical second-degree unintentional murder...we ask the court to impose a sentence of 360 months.. we ask the court to preserve the issue of restitution...for 30 days"

Frank is done arguing for the state, Chauvin's lawyer Eric Nelson is about to take the stand.

Nelson introduces Derek Chauvin's mother, Carolyn Pawlenty.

She "is here to speak on behalf of my entire family." She mis-cites the date of #GeorgeFloyd's murder as November 25, 2020 (was in May.) Says "Derek devoted his life to the Minneapolis Police Department"

Pawlenty claims her son Derek Chauvin has been improperly portrayed in the media and by the prosecution as "heartless" and "racist" and insists he is actually "a good man", says he would call into MPD "even on his days off".

"I believe a lengthy sentence will not serve Derek well..." - Carolyn Pawlenty, Chauvin's mom

Chauvin's defense lawyer Eric Nelson is arguing re: sentencing now, says he intends to be "brief" and wants to avoid "re-litigating the case".

"This case is at the epicenter of a cultural and political divide. We tried to keep a lot of that out of the courtroom during the trial..."

-Eric Nelson (Derek Chauvin's lawyer)

"...there are a great number of people who will avoid any sentence as overly lenient...there is an equal number of people who will view the sentence as draconian and overbearing..." -Eric Nelson on behalf of Chauvin's defense

Nelson says he has received "over 5,000 emails, over 1,000 voicemails, and hundreds and hundreds of written letters...from both sides"

"Justice is blind, law is built on reason and common sense and it cannot afford to be assailed by public opinion." - Eric Nelson

Nelson is paying lip service to George Floyd and his family, saying the loss of his life is "tragic" and "can't be simplified"

Nelson mentions alleged "mitigating factors" under sentencing guidelines as support for a "probationary sentence". Says "Derek Chauvin spent 19 years as a Minneapolis Police Officer, he loved being a police officer."

Nelson says he has talked with many of Chauvin's police colleagues, some retired some current, who described Chauvin as "solid"

Chauvin "attempted to live an honorable life", Nelson tells the court. Says that on May 25, 2020, Chauvin wasn't even scheduled to work but called in because MPD was short-staffed

Nelson says "the sentencing guidelines don't differentiate between second-degree murders" such as a shooting during an armed robbery vs. Chauvin's case. Says the guidelines are sufficient regardless of the details of the case

Chauvin's lawyer Eric Nelson asks Judge Cahill to stay within the sentencing guidelines based on "mitigating factors" which he says can counter-weigh the "aggravating factors" cited by MN state prosecutors.

Chauvin is joining Nelson at the lecturn now.

Chauvin is about to speak

"Due to...legal matters, I'm not able to give a full formal statement... I give my condolences to the Floyd family, there's gonna be some other information in the future that will be of interest and i hope these will give you some peace of mind" - Chauvin is done talking now.

Judge Peter Cahill declares a 15-minute recess, will read his sentencing decision to the court at (or around) 2:45 PM central time

Thanks for following our live tweets from the sentencing hearing, you can support our work here: unicornriot.ninja/donate

The stream will stay up on our Facebook page to catch Cahill's sentencing ruling in ~15 mins.

Sentencing decision re: Derek Chauvin expected from Judge Cahill in 5 mins, we're live on FB: facebook.com/unicornriot.ni…

NOW: Judge Peter Cahill has taken his seat and is about to speak re: his sentencing decision for Derek Chauvin, who was convicted in April of murdering #GeorgeFloyd.

(Stream link in previous tweet)

Judge Cahill thanks both parties for "being here" as well as Floyd and Chauvin family members who submitted statements.

Judge Cahill says his comments will be very brief, "most of it is going to be in writing, i have a 22-page memorandum"

Cahill says his sentencing memo is mostly legal analysis "applying the rule of law to the facts of this case", asks people to read his memo to understand how he determines the sentence in this case. "What the sentence is not based on is the emotion, or sympathy..."

"But at the same time i want to acknowledge the tremendous pain that all the families are feeling, especially the Floyd family." - Judge Cahill

"I'm not going to attempt to be profound or clever bc it's not the appropriate time. I'm also not basing the sentence on public opinion [or] the attempt to send any messages...the job of the trial court judge is to deal w facts..."

Cahill reads sentence

Count 1- unintentional 2nd degree murder while committing a felony : 270 months

Counts 2-3 remain unjudicated as they are secondary charges based on the first count

Chauvin gets credit for some days served, prohibited from ever possessing firearms, and has to register as a predatory offender. Cahill cites abuse of authority and cruelty towards George Floyd as factors in sentencing.