your honor found that mister fort was treated by or was by mister sherman with particular cruelty, i think tortured is the right word. we know that we've all seen, mister floyd does not want to be in the back seat. that's it. that's the, that's the rub. it was needed to get him in that bag. so no matter what and we all saw that once he was pulled out of the back seat because breakdown, even when we went down to the ground, i'm going down. he went down to the ground. not fighting. i punching and he was placed initially on his side is already handcuffed. he's placed honest, i'm in recovery position like he should be because he's trying to breathe and then

quickly placed prone on the ground face down. mister shaw then put his left knee and george boyd's neck is right me and george boy's back faced out on the pavement and officer king said on mister floyd's waist area and had officer lane hold his feet down. you can even see mister ford trying to pull his feet up, we are going to fight the burden. everybody knows that's fear. when you all of a sudden realize you're having trouble breathing. it's just in a right. we want to survive. we know we have to breathe and there's an automatic reaction. when you begin to feel like that is threatened. and you can see mr. ford going through that. you try to post, you know, but he's held down by these 3 officers. will officer towers looking at later, of course, goes to keep the people who want to help away is placed faced on the pavement.

so harshly rubs the skin off his face if injuries to his face from being faced on a payment, his injuries was knuckles from just trying to lift himself up and he's telling officer, show him can't breathe and die. and mr. solven's response was hung and all this time. imagine what mr. floyd is going to talk about particular cruelty and torture. really try to appreciate what he's going through him. know is suffocating. well know that feeling not being able to breathe enough and he's begging, pleading and his being ignore concerns or being dismissed as somebody who has taken custody. but i care who's kept in that pro and position for an hour and a half mess and was suffocated. there's another way to say it

that's particularly cruel. that is more cruel and typical 2nd agree, unintentional or significantly more. this is not a momentary gunshot hunch to the face. this is night and a half minutes of cruelty to a man who was helpless and just begging for his life. is cord found there were children present standing only a few feet from his officers. these children who were injured 17 and one child is 9. why is that an aggravating factor? well, i think everybody can configure that out, particularly bad to commit a crime in front of children. we've heard a lot of academic about, you know,

the development of the young brain and how long it can take here. you got one teenage girls, 9 year old girl. how are they going to process this? you know, standing feet from a man being suffocated by police officers, such as stark site, that one of the children even going to call the police and the police. a process that has a 9 year old the children are not only present watching amanda. we've all seen. if you haven't, you really need to look at george boyd's face as his eyes, he's suffering. children have to watch this, but not only van police officers. and there are people around them wanting to help at one point, and sure they got upset. one point mister shogun points of mace grabbed his mis to

keep him back. how's the child look at that? there's another officer screaming at them to get back to typical 2nd degree unintentional murder doesn't involve children standing feet away, watching 9 and a half minutes suffocation. oh man, begging for his life. escort . also me to finding that the defendant committed the offense with the involvement of 3 or more other persons. wayne and king were involved directly in the restrain. and that how kept the bystanders at bay. we've already talked a little bit about latin kings roll and holding mr. floyd down they recognize that he was pulse list

a mr. floyd was pulse list at one point that really made no effort to take care of the person in their custody officer tau watched most of the the suffocation and then only went over to keep people from getting help. one person who has identified as a medical trained firefighter for the city minneapolis. and that was dismissed. are we going to believe her? so they kept trained medical people from providing help these were all uniformed peace officers and abuse of trust authority. you know, i know that offenses asked the court for probation. i'm not gonna spend a lot of time arguing that it's so outside of the realm of i think real possibility

is a murder. i understand some of the arguments me on behalf of mister shows and i understand well, no, i can't understand what his family members and friends are going through. i can certainly not enough for a departure to probation for a 2nd degree murder. we believe your air that these 4 aggravating factors court in the findings of the court has made certain to justify an upward departure because there are 4 of them standing alone, but innocent, not overlapping, but coming together to show this is not the typical 2nd degree murder this is a grievous this justifies a double upward departure from the top of the box, which is 180 months are asking the court to do a double departure, recognizing all 4 factors to 360 months. so i mentioned from this

advancing, this is the time for victims, right. the, the time for the loved ones, the victim in the community to have a say again i, i commend his family i i commend all of the loved ones, the friends of people that have been involved in this case for tolerating and him being gracious. none of the horse can bring george boy back. that's very true. this is the time for a criminal justice system to say, we hear you this is the time for their criminal justice system to say, we recognize that this harm your going through was real. and while we can't feel what you're feeling, we know we can do what the,

your criminal justice system should do and recognize the severity of this crime. and reflect that in a sentence to be given. time for this criminal justice system to say you recognize this is more serious than a typical 2nd degree, unintentional murder. for reasons the court found, reflect that and give this court more than adequate basis to do that. or we ask the court to impose a sentence of 360 months, commitment to the commissioner of corrections. as you know, you're either no fines in order to says we would ask the court just to reserve the issue arrest to take a restitution and clarify that with the family and present that through the court for 30 days. thank you for listen. i'm so sorry. i just no

thank you. you are younger at this time. the defendant mother carolyn, plenty would like to address the court if you could state your full name spelling interview names and proceed when you're ready. carolyn c. a. r o l y n polo t p a w l e n t y i am the mother of derek show and i am here to speak on behalf of my entire family. on november 25th. 2020. no, only did derek. slaves change for out for the solid mine and my family.

derek devoted 19 years of his life to minneapolis police department. it has been difficult for me to hear and read what the media public and prosecution team gave derrick b and growth, so heartless and then terry person. i can tell you that as far from the truth my sons identity has also been reduced to that of, as of that as a racist why? of course, to know that none of these things are true and that my son is a good man. derek always dedicated his life

and tie him to the police department. even on his days off. he would call in to see if they needed help. derek hills acquired thoughtful, other mold and self selfless man. he has a big heart and he always has put others before his own the public will never know. so loving insuring man, she is. but the family does. even though i have not spoken puzzled play, i always support him 100 percent. and always will. derek, played over and over in his head the events of the day. i've seen the toll

of health taken i believe alexi sentence will not serve during well when he was sentenced to my son. he will also be sent to me. i will not be able to see there talk to him on the phone or give him or a special hon plus the fact that when he is released his father. 2 and i most likely will not be here there. my happiest moment is when i get birth to you.

and my 2nd, when i was out there to pick your police edge on you. i remember you whispering to me. don't stick me with derrick that why he said no, no, always believed in your innocence. and i will never waiver from that. i have read numerous letters from people around the world that also believe in your innocence no matter where you go, where you are. i will always be there to visit you. i promise you will, i will stay strong. so we've talked about that. i want you to do the same for me.

i will do what you told me to do. take care of myself. so i won't be here for you when you come home. remember there is no stronger bond or love. 2 than the mother's love. one final thought i want you to remember. remember, you are my favorite son. thanks for your time. thank you very much, your honor is my intent of my remarks this afternoon. be quite brief.

i do not intend to re litigate the facts of this case nor spend any substantial time looking at the law. the court is very familiar with the facts of this case and the parties have fully briefed the court relevant to the sentencing factors. and we recognize that in any case, any sentencing that comes before the court, the court is tasked with a difficult job court with craft a sentence that serves the interest of justice rather nebulous term. the court must take into consideration the victim impact public interest, as well as the circumstances and the history of the defendant. and in this case, more than any other that like the any of us have ever been involved in that task is

exceedingly more difficult. in my remarks today, i just wish to briefly address each of those 3 considerations. starting with the public impact as i believe we are, all cognizant of this case is at the epicenter of cultural and political divide. we tried to keep a lot of that out of department during trial and make the case about the facts. but we recognize what has happened as a result of this case. there are a great number of people who will view any sentence you pronounce as overly lenient and insufficient to satisfy justice. but there are an equal number of people who will view any sentence you pronounce as draconian or overbearing.

either way, some percentage of the public will view your sentence as a miscarriage of justice. the intensity of the public interest in this case cannot be understated. i trust that the volume and of correspondence that each of us has received from the public at large is indicative of these various sentiments on both sides. as i was informed as yesterday, the attorney general's office established website web submission to accept community impact statement. again, in my understanding is a little over 2 weeks we received over a 1000 submissions again on both sides by my very best estimate, since my representation mister shogun, began last summer, i would estimate that i have received over 5000 emails over a 1000 voicemails and hundreds and hundreds of handwritten letters again from

both sides. and i expect that your honor has likewise been inundated with public comment. and the impact that this chief has had on this community is profound. it goes far beyond what happened on may 25th of last year. it has been at the forefront of our national consciousness. and it has waved its way into every nearly every facet of our lives, from an entertainment that we consume to the presidential politics. from protest to conspiracy theories in the end, it is my sincere hope that when this proverbial dust settles the community, the community impact brings forth principled debate and civil public discourse

and ultimately leaves a public, a positive effect on the city of minneapolis, minnesota no states. but nevertheless, while this court may consider the community impact, it is for these very same reasons, that the court must turn to the foundational legal principles. and remember that justice is black law is built unreason and common facts. and it cannot be permitted to be assailed by public opinion. turning to the 2nd consideration, which is the victim impact the death of george white. the death of george floyd was tragic. he is loved by his family members. he is loved by his friends,

and his death is justifiably mourned by those whose lives he impacted. he is a son, a brother, a father and uncle, and a friend of many. and as the court heard today, be impact and the loss of his life. of the loss of his life simply just can't be simplified and it will take time. finally, runner, court must take into consideration. just like it has to take into consideration, the aggravating factors needs to take into consideration the mitigating factors. and the meeting mitigating factors is set forth by the sentencing guidelines really point to the trog analysis, essentially, ultimately in this case, when i had to spend a lot of time, again, arguing for a probationary sentence that briefed. but that being said, when we look at the truck factors, who is derrick show,

derrick shogun spent 19 years in minneapolis police officer. he loved being a police officer. i was contacted during the course of my representation and i've had numerous conversations with his fellow police officers or fellow police officers. that worked with derek. some retired, some still active and they told me that he was a solid police officer, but he did his job. that if somebody asked him to do a particular task, he never complained he did it. one person told me that a one of his sergeants told me that if i had asked him to dig a ditch for 8 hours, he would have picked up a shovel and he would have never complained for a 2nd done his job. he was decorative as a police officer multiple life saving awards. he was decorated for valor. he was proud to be

a police officer because what he liked to do was how people. and as the statistics show, the vast majority of police work, helping people. he was proud to be minneapolis police officer. he served his country as the united states in the united states army. and he too, is a son, my brother, and a father, a friend he to his life. the life he's lived, he's not coming into this as a career criminal with 6 points, 5 points, 4 points. he's coming into this. never having violated the law. because he lives in honorable life and he attempted to live an honorable life.

derek shogun was not even scheduled to work. i may 2020 volunteer because there was short staffing at the time. i know from numerous conversations that i've had with there. yet his brain is littered with. what if, what if i just did not agreed to go in that day? what if things had gone differently? what if i never responded to that call? what if, what if, what if the truth of the matter is in the end result is that we are here after a jury verdict finding him guilty of these offenses. and the court consideration should not only be focused on the aggravating factors, but the mitigating factors as well. the minnesota sentencing guidelines commission was established for a reason. and yes,

the court in circumstances like these has discretion to go beyond an aggravated sentence beyond the presumptive sentences established by the sentencing guidelines . but the same thing, guidelines don't differentiate between 2nd degree murders, someone rob the liquor store, a police officer is involved in an incident and a person dies in police custody. the law presumes legislature presumes that the, the sentencing guidelines as established. this is a sufficient penalty for all of the 2nd degree murder categories or cases you would see from 2019 back to 2010, a total of 90 people were sentenced for a 2nd degree murder. those sentences, those people that were more than that,

that people who had a 0 criminal history score more than 90 people were sentenced. 67 percent or 60 of those 90 people received a guideline sentence of 150 not so 2 thirds of all people in the same position received a guideline sentence 20 percent received an aggravated sentence. 18 of the $90.12 or excuse me, 13 percent or 12 individuals were granted mitigated departures. so if the legislature and the intent of the sentencing guidelines is to eliminate sentencing disparity, the law should presume that the guidelines sentence is what is appropriate. in this case, the judge may take, may take into consideration at this point, those aggravating factors, but you have to counterbalance them,

which is the goal of the law. with the mitigating factors. i know that this has been an incredibly difficult case for the flight care family to have to endure the state of minnesota. likewise, prosecutors in this case have endured quite a bit that has mr. children's family. this is a case of this change has changed the world to some degree and i hope it's positive . but it's i hope that the court south the sentencing guidelines applies the law in a reasoned manner and imposes adjuster. actually, mr. silva, we do join the nelson at the laker. this

is your opportunity if you wish to give any input to the court. and so i turn it over to you and your attorney thinker, your honor at this time due to some additional the no matters at hand. i'm not able to give a full formal statement at this time. but, but for briefly though, i do want to give mike and also the ford family, there's going to be some other information in the future that would be of interest . and i hope things will give you some some peace of mind. thank you. and a lot that i did read your comments on the present, the motivation as well. all right, we're going to take a 15 minute research so that i can complete the order based on what i've heard today. what 3 can be at $245.00. we're in resa

you're watching all does it or we're bringing you the hearing. the sentencing hearing for former minneapolis police officer, derek shelven, who's facing sanderson sentencing in the death of george floyd. judge weighing a prison term expert say could be as much as 30 years. i want to bring in mary frances berry, 1st of all, she's a professor of american sort in history at the university of pennsylvania. she's also the former chair of the us commission on civil rights. she's been listening to all of this. joining us now from new orleans good to have you back. we heard of course, 1st of all the witness statements from members of george floyd's family. there was one particular one that i got the impression really resonated with you. it was his brother, karen's floyd. it was a very emotional speech, it was not a prepared speech, but he did say, we don't want to see more smacks on the rest. he said,

because if it was as it would not have been an open and shut case, we would have been in jail and to my mind, tell me what you think that this is really what encapsulates the nature of this case. absolutely. given the event which we saw endlessly most of the world saw and how george floored was killed, it would be absolutely abrasions to see a surgeons that didn't reflect the gravity. and the enormity of the tragedy that had taken place in the family, you know, breaks your heart, listening to them. but listening to thinking about the children and their testimony, anyone who saw it. if you haven't seen it, you ought to look at it. it's one thing you ought to see in the 9 year old especially it's not long.