MINNEAPOLIS – 44 year old former Minneapolis police officer, Derek Chauvin, had bail set on Monday, June 8 for his involvement in the death of George Floyd. Bail for the defendant held in custody for second degree murder was set at $1.25 million without conditions by Judge Jeannice Reding.
The defendant made his first virtual court appearance this morning since his arrest on May 29, 2020. In the virtual bail hearing, Chauvin appeared in an orange jump suit with his hands cuffed wearing a blue surgical mask covering his mouth and nose.
A $1 million dollar bail option was also offered with conditions such as:
- The defendant must refrain from contact with victim’s family
- Refrain from working in law enforcement or security
- Turn in all guns and permits
- Refrain from leaving Minnesota without permission.
Chauvin’s representing attorney, Eric Nelson, did not object to the proposed $1.25 million bail amount. There is no indication if Chauvin has any bail plans. He is currently being held at Minnesota Correctional Facility in Oak Park Heights.
In the state of Minnesota, bail is set by a judge dependent on the nature of the crime charged, the person’s ties to the community, the person’s financial resources, and the safety of others. Statutes require a pretrial bail evaluation for a defendant accused of a felony crime of violence.
Statutes also require training for judges on how to keep bail evaluations and decisions racially and culturally neutral. Decisions are based on each defendant’s unique situation.In the state of Minnesota, a second degree murder charge is applicable under two subdivisions. In Subdivision 1 under Chapter 609- Section 19, second degree murder charges are applicable when:
- Murder is intentional, or fulfilled by virtue of a drive-by shooting. Defendants who commit either crime are guilty of murder in the second degree, and may be sentenced to imprisonment for not more than 40 years.
- Actions taken cause the death of a human being with intent to effect the death of that person or another, but without premeditation.
- Actions taken cause the death of a human being while committing or attempting to commit a drive-by shooting in violation of section Minnesota section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3).
In Subdivision 2 under Chapter 609- Section 19, second degree murder charges are applicable when:
- Murder is unintentional without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting. Defendants who commit either crimes listed are guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years.
- Actions taken cause the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order.
- “Order for protection” orders include a harassment restraining order issued under section 609.748, a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition, a restraining order issued in a marriage dissolution action, and any order issued by a court of another state or of the United States that is similar to any of these orders.
Chauvin will appear again in court on June 29 to discuss a plea and plea agreements.