Here's How Much Time Derek Chauvin Could Spend In Prison

Speaker 1: 00:00 How far reaching could the verdict in the Shovan trial bead after one day of deliberation, the jury and the trial of former Minneapolis police officer Derek, Shovan delivered a guilty verdict on all three counts, including second degree unintentional murder, which carries a maximum sentence of 40 years in prison. Here's Minnesota attorney general Keith Ellison. Speaker 2: 00:22 Although the verdict has been rendered, this is not the end in the coming weeks. The court will determine sentencing. And later this summer we expect to present. In another case, Speaker 1: 00:34 Guilty verdict could set a new legal precedent for police accountability involving in custody deaths. And now the justice department is opening an investigation into the Minneapolis police department for unlawful or unconstitutional policing. Joining me to break down the specifics of the verdict and possible sentence is criminal defense attorney Eugene Iredale of Iredale, and you APC Eugene. Welcome. Thank you, Jay. So can you break down the three specific charges Shovan was found guilty of and what differentiates second and third degree murder from second degree manslaughter? Speaker 3: 01:12 Yes, I can do that. Jade. I need to start by telling you that the Minnesota degrees of homicide are very different from the law of homicide here in California. What they call second degree murder is very close to our first degree felony murder. They, he was convicted of second degree murder, which is a killing that is perpetrated in the course of the commission of another felony. And the felony specifically that was the underlying felony, was a felony assault on the person of George Floyd, which resulted in his death. That's what they call second degree murder in California. We would call it something else. First degree felony murder in Minnesota. They have a third degree murder. We don't have that in California. We have only two degrees of murder there. Third degree murder is the same or very close to what we call second degree murder, which is, uh, the praised indifference abandoned and malignant heart, doing something with reckless disregard to human life. With that action resulting in death. That's their third degree murder that he was also convicted of. And then third. And finally they convicted him of second degree manslaughter, which is a killing or a death that results from reckless conduct that causes death with a high degree of negligence, which is very close to our involuntary manslaughter in California. Speaker 1: 03:01 Each count carries a different maximum sentence. And prosecutors in the case said, they'll seek a sentence that goes above the typical guideline range on what grounds will they do that? Speaker 3: 03:12 Uh, as I understand that the guideline range for someone without a previous record is 12 and a half years for the second degree murder charge, they can seek an enhancement and have indicated that they will seek an enhancement for abuse of position of victim, who was in an especially vulnerable position. And for cruelty in the conduct that resulted in the death. Speaker 1: 03:41 What factors do you think will ultimately affect the length of Shovan sentence? Speaker 3: 03:46 I think three things. The first is the judge's perception from the trial of the egregiousness of the conduct. The second is the defendant's attitude, Mr. Children's attitude, and what he chooses to say or not to say whether he fully accepts responsibility and expresses contrition, whether he gives some explanation or some thing that mitigates the apparent callousness of the conduct, whether he shows that he is truly sorry, whether he shows that he appreciates the magnitude and the metaphorical and national significance of this case and does something that a defendant can do to express remorse and to attempt reconciliation by saying in a sincere way, I am sorry. I acknowledge the wrongness of my conduct. And then the third thing is something that everybody will try to avoid saying it influences the result, but which will inevitably influence the sentence as it, I believe influenced the verdict and the rapidity of the verdict, which is the public attention and the public significance of the case and how the actors in the trial perceive its effect will be on the future. Not only in this case, but in other cases, even though it is supposed to be narrowly imposed, only in this case, Speaker 1: 05:21 Some legal experts are expecting an appeal to the guilty verdict. What would that process look? Speaker 3: 05:27 Of course, there will be appeal a hundred percent that will be appeal. And on the basis of the briefs, which are written documents, the court of appeals in Minnesota will have an oral argument, which will, I am sure go far longer than the average oral argument in criminal case, and which the judges will question the attorneys as to their legal arguments as to the soundness of their position, as the facts, undergirding, those arguments as to the relief they are seeking. And as to the applicability of precedent within the state of Minnesota and any federal court law that would be applicable. And based on that oral argument, which even in this case is not likely to go longer than two or three hours. That panel of judges will then make a decision resulting in a written ruling. And I have to preface this by saying, I am not an expert in the appellate process administration. I believe that there's an intermediate appellate court, which would decide the case. And then there would be a review by the Minnesota Supreme court. And whether that's a discretionary or mandatory review of the lower appellate courts decision, I don't know, Speaker 4: 06:50 Speaking with criminal defense attorney, Eugene Iredale of Iredale and you APC Eugene, thank you very much for joining us. Speaker 3: 06:58 Well, Jane, thank you so much.