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By Darius Spearman (africanelements)
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Chauvin Stays Locked Up: MN Officials Firm on Murder Sentence
The Minnesota Attorney General has made it crystal clear that Derek Chauvin isn’t going anywhere. He will keep serving his state sentence for murdering George Floyd. This statement comes as some voices call for former President Donald Trump to pardon Chauvin. This official stance is crucial for our community, which fought so hard for accountability. It means that, at least for now, the justice system’s decision holds.
Minnesota officials, including Governor Tim Walz, are watching these pardon rumors very closely. They are preparing to respond if any real moves are made (Star Tribune). Governor Walz, however, has said that the White House hasn’t given any sign that a federal pardon is coming soon. He emphasized that Chauvin is still serving his state sentence (Star Tribune). This reassurance is essential because it shows state leaders are committed to upholding the conviction. The legal reality is that Chauvin’s 22.5-year state sentence for murder stands on its own, separate from any federal matters.
Derek Chauvin’s Prison Sentences
Derek Chauvin serves both state and federal sentences at the same time; the longest, his state sentence, determines his overall prison stay before parole eligibility.
The Murder That Shook Our World: Chauvin’s Conviction
Derek Chauvin was found guilty in April 2021 for murdering George Floyd. The charges were serious: second-degree unintentional murder, third-degree murder, and second-degree manslaughter. In Minnesota, second-degree unintentional murder means causing death without planning it, but through very reckless actions. Third-degree murder involves an act that is extremely dangerous to others, showing a “depraved mind” without concern for human life. These convictions were a landmark moment for many who seek justice for police brutality.
The world watched in horror as a viral video showed Chauvin kneeling on George Floyd’s neck for more than nine minutes. We heard Floyd plead, “I can’t breathe.” Those words became a rallying cry for global protests against police violence and systemic racism (ABC News). The jury listened to all the evidence and, after 10.5 hours, returned a guilty verdict on all counts (ABC News). Floyd’s final words, “Please. I can’t breathe,” were a powerful part of the prosecution’s case, showing the deadly force Chauvin used (ABC News). For so many in the Black community, this verdict felt like a small step towards accountability in a system that often fails us.
Presidential Pardons: Federal Only
A U.S. President has the power to grant pardons, but this power is limited to federal offenses only. It does not apply to crimes prosecuted at the state level. Derek Chauvin was convicted of murder under Minnesota state law. Therefore, even if a president were to pardon him for any federal charges, that pardon would have no effect on his state murder conviction or his 22.5-year state prison sentence. He would remain incarcerated to serve his time for the state conviction.
Presidential pardons apply only to federal offenses, not state convictions like Chauvin’s murder charge in Minnesota.
More Charges, More Time: Federal Civil Rights Case
Beyond the state murder conviction, Derek Chauvin also faced serious federal charges. The U.S. Department of Justice (DOJ) indicted him for violating George Floyd’s civil rights. Federal civil rights charges, under laws like 18 U.S.C. § 242, are about government officials, like police officers, misusing their power to take away someone’s constitutional rights. In Floyd’s case, it was about Chauvin willfully denying Floyd his right to be free from unreasonable seizure, which includes the right to be free from excessive force by an officer (Wikipedia). This federal action showed that the cruelty we witnessed had consequences beyond state law.
The federal indictment also included a separate 2017 incident. In that case, Chauvin was accused of using excessive force when he restrained a 14-year-old Black boy by the throat and hit him multiple times with a flashlight (Wikipedia). Chauvin pleaded not guilty to those particular charges, and that 2017 incident was not allowed as evidence in his state murder trial for George Floyd. Nevertheless, he is now serving a 21-year federal sentence for the civil rights violations related to Floyd’s death, alongside his state sentence (Police1). These sentences are concurrent, meaning they are served at the same time. His longest sentence, 22.5 years from the state, is what keeps him behind bars.
What Are Concurrent Sentences?
When a person receives concurrent sentences, it means they serve multiple prison sentences all at the same time, rather than one after the other (which is called consecutive). The total amount of time they actually spend in prison is determined by the longest single sentence. For Derek Chauvin, he has a 22.5-year state sentence and a 21-year federal sentence. Because they are concurrent, these sentences run together. Therefore, his 22.5-year state sentence is the one that sets his overall time, not an addition of the two.
Chauvin serves his state and federal sentences simultaneously, not one after the other, with the longest sentence dictating his time.
Attack in Prison: Chauvin’s Controversial Incarceration
Life in prison for high-profile inmates can be dangerous. In November 2023, Derek Chauvin experienced this firsthand when he was stabbed 22 times by another inmate in federal prison (FOX 9). He was hospitalized for his injuries but was released back to prison custody a few days later. This violent attack highlights just how controversial and well-known Chauvin is, even within prison walls. The safety of such inmates is a constant concern for prison authorities.
This incident underscores the intense feelings surrounding Chauvin and the murder of George Floyd. While some might react to news of the stabbing with indifference or even approval, it’s also a reminder of the violence that exists within the prison system itself. Regardless of his crime, the authorities are responsible for his safety while he serves his sentence. Furthermore, this event likely complicates his already difficult time in federal custody (Police1). The focus, however, remains on the fact that he continues to serve the sentences handed down by both state and federal courts for his actions against George Floyd.
ABOUT THE AUTHOR
Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.
