Derek Chauvin trial: judge reinstates third-degree murder charge in George Floyd’s death

Derek Chauvin trial: judge reinstates third-degree murder charge in George Floyd’s death

by

Chauvin has already faced charges of second-degree unintentional murder and second-degree manslaughter. He pleaded not guilty to the three charges.

The additional indictment provides prosecutors with a potential third path to conviction in the closely observed case, which began on Tuesday with the selection of the jury at the heavily fortified Hennepin County Government Center.

“The third-degree murder charge, in addition to manslaughter and crime, reflects the seriousness of the charges against Mr. Chauvin,” Minnesota Attorney General Keith Ellison said in a statement. “We are looking forward to presenting all three charges to the jury.”

Chauvin was initially charged with third-degree murder days after Floyd’s death in May 2020, but Hennepin County District Court Judge Peter Cahill rejected the count in October, saying it did not apply to this case.
However, a February appeals court decision in the case against former Minneapolis Police officer Mohamed Noor opened the door for the reinstatement of the prosecution against Chauvin, and the state subsequently appealed Cahill’s decision.
What we know about the jurors selected so far at the Derek Chauvin trial
The Minnesota Court of Appeals ordered Cahill to reconsider the motion to reinstate the indictment last week. On Wednesday, the Minnesota Supreme Court rejected a request by Chauvin’s lawyer to block the appellate court’s decision, paving the way for Cahill to reinstate the charge.

In court on Thursday, Chauvin’s defense attorney Eric Nelson argued that Noor’s case was factually and procedurally different from Chauvin’s interactions with Floyd, in which he knelt on Floyd’s head and neck for a long time. . However, prosecutors argued that the judge was obliged to follow the precedent of the appeals court in Noor.

Judge Cahill decided on Thursday morning that he accepted the appeals court’s decision that opinion in Noor’s case immediately set a precedent, and he decided to reinstate the charge.

He added that the third-degree murder charge applies only to Chauvin and that the potential to reinstate the charge for the three other officers accused of Floyd’s death will be addressed at a later date.

What the charges mean

Third-degree murder, sometimes known as “depraved mind” or “depraved heart” murder, generally applies to a case where a person does something eminently dangerous to others without regard to human life, such as randomly shooting a crowd or driving. the wrong side of the road.
The key issue for jury selectors at the George Floyd trial

The second-degree murder charge alleges that Chauvin accidentally caused Floyd’s death by committing a third-degree attack, and the wrongful-death charge alleges that Chauvin caused Floyd’s death through his “culpable negligence”.

If convicted, Chauvin faces up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder and up to 10 years for wrongful death in second degree.

The charges must be considered separate, so Chauvin can be convicted of all, some or none.

David Weinstein, a former prosecutor who followed the case closely, said that each of the charges represents a different level of intent, so jurors will have more options to consider during the deliberations.

“Choices like this can also allow for a jury compromise verdict,” he said. “The defense would have preferred a choice of all or nothing for the judges.”

How we got here

Floyd’s final moments were captured on disturbing police and spectator video, and his death sparked riots and fires in the city, as well as protests around the world against police brutality and racism. All four policemen involved were fired and charged with Floyd’s death. Chauvin is being tried separately due to coronavirus-related limits in the courtroom.
The jury selection begins at the trial of Derek Chauvin for the death of George Floyd. Here's what to expect
The third-degree murder charge was most recently used in the ex-officer Noor’s murder trial. He was convicted of the charge after prosecutors said he fired his weapon at a person outside his vehicle window, killing Justine Ruszczyk and putting his own partner at risk.
In October, Judge Cahill dropped the third-degree murder charge against Chauvin, determining the charge “can only be sustained in situations where the defendant’s actions were ’eminently dangerous to other people’ and were not specifically directed at the person in particular whose death occurred. “

The evidence presented by the state does not show that Chauvin’s actions were “eminently dangerous” to anyone but Floyd, he wrote at the time.

In Noor’s case, however, an appeals court ruled that third-degree murder can be applied to cases where a person applies force to a single person.

Given that decision, Ellison filed a motion last month asking a district court judge to reinstate the charge, saying that Noor’s sentence set a new precedent. Appeal court judge Michelle Larkin agreed, writing that the district court “erred” in denying the state’s motion to reinstate the prosecution in light of Noor’s opinion.

CNN’s Chris Boyette contributed to this report.

.Source