The decision to drop the third-degree murder charge against former Minneapolis police officer Derek Chauvin in the death in police custody of George Floyd was reversed by an appeals court on Friday, according to a report.
The reversal could delay the trial of the former police officer, who is already facing second-degree murder and manslaughter, an NBC-TV affiliate said.
The case is scheduled for selection by the jury on Monday, and the trial is expected to begin on March 29, at the latest.
The Minnesota Court of Appeals found that Hennepin County District Judge Peter Cahill made a mistake in denying prosecutors’ request to reinstate the minor homicide charge. The appeals court sent the case back to Cahill for reconsideration, the agency said.
Chauvin’s defense team can now appeal the decision to the Minnesota Supreme Court – the state’s highest court – which could delay the trial, according to the report.
Cahill dropped the third-degree murder charge in October, a charge that prosecutors sought to reinstate to give jurors more options if they found it difficult to convict on the heavier second-degree charge.
The 44-year-old police officer was fired after a viral video showed him kneeling on Floyd’s neck in handcuffs for nearly nine minutes. Floyd’s death on May 25 sparked a wave of protests against police brutality and social injustices across the country and around the world.
Three other former Minneapolis police officers are also awaiting separate trials for their alleged involvement in Floyd’s death.
A Chauvin criminal defense lawyer did not return a request for comment.
