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Judge will consider longer prison sentence for Derek Chauvin

The judge ruled there were aggravating factors in Floyd's death.

A Hennepin County District Court judge found aggravating factors that would support a tougher sentence for Derek Chauvin in the murder of George Floyd. 

Judge Peter Cahill wrote in a court filing made public Wednesday that Chauvin abused his position of trust and authority when he restrained Floyd on the ground for several minutes. 

Cahill said other aggravating factors were proven beyond a reasonable doubt, including: Chauvin treated Floyd with particular cruelty, citing Floyd being unable to breathe and his "slow death"; there were children present at the time; and Chauvin committed the crime as a group, citing the other now-former Minneapolis police officers charged in Floyd's death.

Chauvin will only be sentenced for the most serious conviction, second-degree unintentional murder, which has a presumptive sentence of 12.5 years in prison. 

But prosecutors asked for an upward departure, citing aggravating factors, and called for longer than what normal sentencing guidelines call for. 

Cahill's court filing this week paves the way for a longer sentence. 

Chauvin's sentencing hearing is scheduled for June 25.

FOX 9 says Cahill could sentence Chauvin to up to 40 years in prison, while experts told The Associated Press Chauvin is not likely to get more than 30 years in prison.

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