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这项裁决为延长乔治·弗洛伊德之死的刑期铺平了道路

辩护律师埃里克·纳尔逊(ericnlson)曾辩称,不存在加重罪责的因素。他说,乔文有法律授权协助逮捕弗洛伊德,并被授权使用合理武力。他还说,弗洛伊德并不是特别脆弱,理由是他体型庞大,与军官斗争激烈。纳尔逊辩称,没有特别残忍的行为,他说没有证据表明乔文所犯下的攻击行为涉及通常与二级谋杀无关的无缘无故的痛苦。

无论乔文被判什么刑,在明尼苏达州,人们都假定行为良好的被告将在监狱中服刑三分之二,其余的在监管下释放,也就是通常所说的假释。

乔文还被联邦指控侵犯了弗洛伊德的公民权利,以及他在2017年逮捕中拘禁的一名14岁少年的公民权利。如果这些指控在星期五被宣判有罪,联邦的判决将与乔文的州判决同时执行。与弗洛伊德之死有关的另外三名前警官也被指控违反联邦民权;他们等待州法院对协助和教唆罪的审判。

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这个故事已经被更正,以修复一个打字错误,注意到卡希尔将判决乔文,而不是弗洛伊德。

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有关乔治·弗洛伊德之死的美联社报道,请访问:https://apnews.com/hub/death-of-george-floyd

But prosecutors asked for what is known as an upward departure — arguing that Floyd was particularly vulnerable with his hands cuffed behind his back as he was face-down on the ground. They also said Chauvin treated Floyd with particular cruelty, saying Chauvin inflicted gratuitous pain and caused psychological distress to Floyd and to bystanders. They also said Chauvin abused his position of authority as a police officer, committed his crime as part of a group of three or more people, and that he pinned Floyd down in the presence of children — including a 9-year-old girl who testified at trial that watching the restraint made her “sad and kind of mad.”

Cahill agreed with all but one of the prosecutors’ arguments. He said prosecutors did not prove that Floyd was particularly vulnerable, noting that even though he was handcuffed, he was able to struggle with officers who were trying to put him in a squad car.

Cahill said one of the other officers twice checked Floyd’s pulse and told Chauvin he detected none, while another officer suggested rolling Floyd to his side and said he was passing out. Cahill said these officers let Chauvin know that asphyxia was actually happening — yet Chauvin held his position. Cahill said when it became clear to bystanders that Floyd was in distress and stopped breathing, Chauvin continued to abuse his position of authority by not rendering aid.

In finding that Chauvin treated Floyd with particular cruelty, Cahill wrote: “The slow death of George Floyd occurring over approximately six minutes of his positional asphyxia was particularly cruel in that Mr. Floyd was begging for his life and obviously terrified by the knowledge that he was likely to die but during which the Defendant objectively remained indifferent to Mr. Floyd’s pleas.”

With Tuesday’s ruling, Cahill has given himself permission to sentence Chauvin above the guideline range, though he doesn’t have to, said Mark Osler, professor at the University of St. Thomas School of Law. He said attorneys for both sides will argue whether an upward departure is appropriate and how long the sentence should be.

A pre-sentence investigation report will also be conducted. These are usually nonpublic and include highly personal information such as family history and mental health issues, as well as details of the offense and the harm it caused others and the community.

Defense attorney Eric Nelson had argued there were no aggravating factors. He said Chauvin had legal authority to assist in Floyd’s arrest and was authorized to use reasonable force. He also said Floyd was not particularly vulnerable, citing his large size and struggle with officers. Nelson argued that there was no particular cruelty, saying there is no evidence that the assault perpetrated by Chauvin involved gratuitous pain that’s not usually associated with second-degree murder.

No matter what sentence Chauvin gets, in Minnesota it’s presumed that a defendant with good behavior will serve two-thirds of the penalty in prison and the rest on supervised release, commonly known as parole.

Chauvin has also been indicted on federal charges alleging he violated Floyd’s civil rights, as well as the civil rights of a 14-year-old he restrained in a 2017 arrest. If convicted on those charges, which were unsealed Friday, a federal sentence would be served at the same time as Chauvin’s state sentence. The three other former officers involved in Floyd’s death were also charged with federal civil rights violations; they await trial in state court on aiding and abetting counts.

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This story has been corrected to fix a typing error to note that Cahill will sentence Chauvin, not Floyd.

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Find AP’s full coverage of the death of George Floyd at: https://apnews.com/hub/death-of-george-floyd

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