Appeals Court to Consider Reinstating Third-Degree Murder Charge for Chauvin

Arek Socha from Pixabay

MINNEAPOLIS (AP) — The Minnesota Court of Appeals has scheduled oral arguments for March 1 on prosecutors’ request to reinstate a third-degree murder charge against the fired Minneapolis police officer charged in George Floyd’s death.

Derek Chauvin faces trial starting March 8 on one count of second-degree murder and one count of manslaughter. Last October, Judge Peter Cahill dismissed a third-degree murder charge, saying prosecutors would have to show Chauvin’s intentional conduct was “eminently dangerous to others” and not specifically directed at Floyd.

Prosecutors asked Cahill to restore the charge earlier this month. They cited a three-judge appeals court panel that upheld a third-degree murder conviction against former Minneapolis officer Mohamed Noor for the 2017 shooting death of Justine Ruszczyk Damond, an unarmed Australian woman who had called 911 to report a possible sexual assault. In the Noor decision, the panel ruled that a third-degree murder conviction can be sustained even if the action that caused a death was directed at one person.

Cahill rejected the request, saying the Noor ruling won’t be established precedent until after further proceedings before the Minnesota Supreme Court.

Floyd, a Black man in handcuffs, died May 25 after Chauvin, who is white, held his knee against Floyd’s neck even as he said he couldn’t breathe. Floyd’s death sparked protests in Minneapolis and beyond, and led to a nationwide reckoning on race. Three other officers — Thomas Lane, J. Kueng and Tou Thao — are charged with aiding and abetting second-degree murder and manslaughter and are scheduled to face trial in August.