George Floyd’s prosecutors want the judge to authorize the inclusion of third-degree murder charges

George Floyd’s prosecutors want the judge to authorize the inclusion of third-degree murder charges

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Minnesota Attorney General Keith Ellison says a recent appeal decision in the sentence of another former Minneapolis police officer “is precedent and now provides this court with clear guidance on the elements of third-degree murder.”

Chauvin is charged with second degree unintentional murder and wrongful death in the death of George Floyd in May.

In October, Judge Peter Cahill dropped a third-degree murder charge against Chauvin, ruling that the charge “can only be sustained in situations where the defendant’s actions were ’eminently dangerous to others’ and were not specifically directed to the particular person whose death occurred. ”

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

The judge declines the third-degree murder charge against former officer Derek Chauvin in the death of George Floyd, but the second-degree murder charge remains

Three other former officers involved in the incident – Thomas Lane, J. Alexander Kueng and Tou Thao – are accused of assisting and encouraging second-degree murder and assisting and encouraging second-degree manslaughter.

Eric Nelson, Chauvin’s lawyer, made no comment on the attempt to reinstate the third-degree murder charge. CNN tried to contact the lawyers of the other former officers, but received no response.

Floyd, a 46-year-old black man, died on May 25 after Chauvin knelt on his neck for nearly eight minutes, while Floyd said he was unable to breathe.

Floyd’s final moments were captured in videos of police and passers-by, and his death led to riots and fires in the city, as well as widespread protests against police brutality and racism. All four policemen were fired.

Former Minneapolis police officer Mohamed Noor was sentenced in June 2019 by Judge Kathryn Quaintance to 12 ½ years in prison for the fatal shooting of a woman while answering her 911 call.

He was convicted of third-degree murder and wrongful death in the death of Justine Ruszczyk.

His lawyers appealed the sentence, and earlier this week, the state’s Court of Appeals upheld the decision.

Chauvin is due to go on trial on March 8, while the trial of Thao, Lane and Kueng is scheduled to begin on August 23.

“The physical limitations of (courtroom), the largest in the Hennepin County Government Center, make it impossible to comply with Covid-19’s physical restrictions in a joint trial involving all four defendants as of March 8, 2021, due the number of lawyers and support is expected that the personnel that the parties have informed the Court will be present during the trial, “said Cahill in a decision presented in January to split into separate trials.

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