ST. LOUIS – St. Louis defense attorney Chet Pleban is not surprised with the three guilty verdicts for former Minnesota Police Officer Derek Chauvin in the death of George Floyd.
He’s also not surprised that the jury only deliberated for 11 hours.
He said 45-year-old Chauvin faces up to 75 consecutive years in prison, 40 years on murder two, 25 years on murder three, and a ten-year sentence on manslaughter. He could serve them concurrently. Chauvin could serve at most 40 years or at least 25, it’s up to the judge.
“I think what you’re going to see on appeal is the issue of whether or not these charges conflict with one another. So for example, with respect to the murder second-degree that is a felony murder. So its an intentional felonious assault. So, in other words, Chauvin intended to assault George Floyd and that resulted in his death. Whereas the manslaughter charge is culpable negligence which resulted in the death of George Floyd. So, it seems to me, that those two charges conflict, yet he was found guilty of both of them. It would be like if you’re driving your car and you hit somebody, well you’re either negligent in how you operated that car or you intended to hit somebody and injure them or kill them, in which case, they’re two separate and distinct defenses that seem to conflict with one another,” Pleban said.
He expects an appeal will be filed and he points out that Minnesota state law is different than the law in Missouri and Illinois. Even so, he predicts that will be one of several issues that will be raised on appeal.