Derek Chauvin files motion to vacate federal conviction in George Floyd's killing
MINNEAPOLIS — Former Minneapolis Police Officer Derek Chauvin has filed a motion to vacate his federal connection related to the death of George Floyd.
In the motion, filed in federal court this week, Chauvin said he wouldn't have pleaded guilty to the charge had he known about the theories of Kansas pathologist Dr. William Schaetzel, of Topeka, Kansas.
That pathologist doesn't believe Chauvin's actions caused Floyd's death.
The motion notes, in part:
"Had defendant been provided Dr. Schaetzel's and Dr. Haney's conclusions (Exhibit-A), the Autopsy Report (Exhibit-B), Toxicology Report (Exhibit-C), and the MPD Use of Force, 5-300 Policy (Exhibit-D) prior to his December 15, 2021 guilty plea, defendant would not have pled guilty, and would have insisted on going to trial. That is, had Nelson not withheld the above stated Exhibits from defendant while simultaneously advising defendent to accept the plea agreement, the outcome of the proceeding would be drastically different in this case."
In July 2022, Chauvin was given a 21-year sentence on federal charges of violating Floyd's rights. The sentence was handed down after a plea deal.
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Chauvin briefly addressed Floyd's family at the sentencing hearing, wishing Floyd's children "all the best in their life," but not offering any apology.
Floyd's brother Philonise gave a victim impact statement, as did John Pope Jr., who was 14 when Chauvin struck him and kneeled on his neck during an arrest. As part of the plea deal, Chauvin admitted to excessive force in this case.
At the time of the sentencing, attorney Joe Tamburino, who is not affiliated with the case, said that with good behavior, Chauvin could get 15% of his sentence reduced, meaning he would serve 17-18 years.
Floyd died on May 25, 2020, after Chauvin, who is White, used his knee to pin the Black man's neck to the ground for 9 1/2 minutes. A bystander video captured Floyd's fading cries of "I can't breathe." Floyd's death touched off protests around the world, some of which turned violent, and forced a national reckoning with police brutality and racism.
