George Floyd was an African American man murdered by police during an arrest after a store clerk alleged he had passed a counterfeit $20 bill in Minneapolis.

Derek Chauvin, one of four police officers who arrived on the scene, knelt on Floyd’s neck and back for 9 minutes and 29 seconds. After his death, protests against police brutality, especially towards black people, quickly spread across the United States and globally

Under Minnesota statutes, Chauvin will only be sentenced on the most serious charge that he was found guilty of second-degree murder, and legal experts say he is not expected to be given the maximum sentence of 40 years even though he was also found guilty of third-degree murder and second-degree manslaughter.

Prosecutors in their arguments in new court documents, cite five factors in support of an aggravated sentence for Chauvin:

Prosecutors say Floyd “was a particularly vulnerable victim” when Chauvin pinned him against the pavement by holding a knee to his neck since the use of force continued after he became unresponsive.

While citing that Floyd was also intoxicated, prosecutors argue that Floyd “was treated with particular cruelty” as he was held on the pavement after repeatedly saying he could not breathe and while bystanders called for Chauvin to stop, and that he was not offered CPR or medical assistance by officers. They also accuse Chauvin of abusing his position of authority as a uniformed officer and committing a crime, as part of a group of three or more people, in the presence of multiple children.

In response, Chauvin’s attorneys are against a higher sentence saying Floyd’s size, and his ability to continuously struggle while being restrained during what they described as a lawful arrest, serves as evidence that he was not particularly vulnerable.  The defense argued that bystanders were free to leave the scene anytime they wished and that officers called for an ambulance to get Floyd medical attention.

His attorneys also stated that the other officers on the scene with Chauvin have not been convicted of a crime related to his own offenses.

Former Minneapolis police officers Thomas Lane, Tou Thao and J. Alexander Kueng are charged with manslaughter as well as aiding and abetting second-degree murder.

The sentencing will take place at 1:30 p.m. CT, according to the court schedule.

The calendar update came three days after a jury found Chauvin, 45, guilty on charges of second-degree murder, third-degree murder, and second-degree manslaughter in the death of George Floyd.

Chauvin’s attorneys will have 60 days to appeal the outcome.

Floyd, a 46-year-old Black man, died after Chauvin kneeled on his neck for more than nine minutes during an arrest on May 25, 2020.  Video of the incident sparked a nationwide protest movement against police brutality and racism.

Chauvin faces a minimum sentence of 12.5 years and a maximum of 40 years if he serves terms for each charge concurrently. If served consecutively, he faces between 29 and 75 years.

The 44-year-old is charged with second-degree murder, third-degree murder, and second-degree manslaughter in Floyd’s death after he was captured in a video with his knee on Floyd’s neck for over nine minutes

A spokesperson from the Minnesota Department of Corrections confirmed that Chauvin was no longer being held at the maximum-security Oak Park Heights prison in Minnesota on Wednesday, and state court records show he posted a non-cash $1 million bond on Oct. 7, signed by A-Affordable Bail Bonds of Brainerd, Minnesota.

A notice of release was posted at 10:34 a.m. on Oct. 7.

The $1 million conditional bails require Chauvin to appear for all future court appearances, not to work in a security capacity, and to have no firearms or firearms permit. It also bars him from leaving the state and from having any contact with Floyd’s family.

Chauvin’s trial including other officers is set for March 8, 2021. The judge in the case, Peter Cahill, is expected to make a decision about whether the trial will be moved out of Hennepin County by Oct. 15.

In court papers, defence attorneys for Chauvin said there is no probable cause to support charges of second-degree murder, third-degree murder, and second-degree manslaughter. They asked a judge to dismiss the murder charges against him, arguing that Floyd’s alleged drug use, not the improper use of force by the officer, was to blame for his death.

Meanwhile, prosecutors said on Friday, August 28, that they are planning to seek a harsher sentence for the ex-Minneapolis police officer Derek Chauvin, who is one of four charged for the murder of George Floyd.

According to legal documents obtained by TMZ, Minnesota Attorney General Keith Ellison informed Peter Cahill, the judge in Floyd murder case he will be seeking a harsher sentence for Chauvin, for several reasons.

The Minnesota Attorney General says the murder was “especially heinous” because Floyd was killed in front of children.

In the legal docs, Ellison noted that Floyd was in a “particularly vulnerable” state because he was handcuffed and chest down on the pavement, repeatedly telling Chauvin and the other officers he could not breathe.

Chauvin is facing up to 40 years in prison if convicted of the second-degree murder charge. His former colleagues, J. Alexander Kueng, Tou Thao, and Thomas Lane, are each charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.

Chauvin has been behind bars since he was arrested on May 29 following Floyd’s death that has sparked protests of racial inequality all over the world.

Chauvin faces charges of second-degree manslaughter and second-degree murder and participated in his initial court hearing at the heavily fortified Hennepin County courthouse on a video feed from jail.Mr. Chauvin could face up to 40 years in prison

The bail set for Mr Chauvin is higher than the bail of at least $750,000 given last week to the other three rookie officers accused of aiding and abetting in Mr Floyd’s death. All four men were fired the day after Mr Floyd died.

Their mugshots were released after Senator Amy Klobuchar disclosed that Minnesota Attorney General, Keith Ellison is increasing charges against former Minneapolis police officer Derek Chauvin to second-degree murder.

Derek Chauvin who had his knee pressed into Floyd’s neck for nearly nine minutes would face the more serious charge in the death of George Floyd.

Sen. Amy also said that the three other officers at the scene Thomas Lane, J. Kueng, and Tou Thao are also going to be charged for their involvement in the incident following calls for their arrest.

The three officers are to be charged with aiding and abetting second-degree murder. The new charges will be officially announced by Minnesota Attorney General Keith Ellison.

Chauvin was transferred late Sunday to Oak Park Heights Prison, Minnesota’s only Level Five maximum security facility. The 407-inmate prison boasts of never having had an escape and is also regarded as one of the country’s safest, having only had one homicide in its history

The prison is located on the border with Wisconsin, between the cities of Bayport and Stillwater

Chauvin was due to appear in court on Monday but his appearance has been pushed back until June 8, due to the ongoing protests over George Floyd’s death.

Derek Chauvin was arrested last Friday and charged with third-degree murder and manslaughter in connection with Floyd’s death, which has prompted nationwide protests that have turned violent in several cites.

Attorneys for Kellie Chauvin confirmed on Friday night that she is seeking the “dissolution of her marriage” to Chauvin.

“This evening, I spoke with Kellie Chauvin and her family. She is devastated by Mr Floyd’s death and her utmost sympathy lies with his family, with his loved ones and with everyone who is grieving this tragedy. She has filed for dissolution of her marriage to Derek Chauvin,” the Sekula Law Office said in a statement Friday night. “While Ms Chauvin has no children from her current marriage, she respectfully requests that her children, her elder parents, and her extended family be given safety and privacy during this difficult time.”

Chauvin was arrested and charged with third-degree murder and manslaughter in connection with Floyd’s death, which has prompted nationwide protests that have turned violent in several cites.