Following the reinstatement of a charge of third-degree murder by a Hennepin County judge on Thursday, former Minneapolis Police Officer Derek Chauvin will be facing an additional murder charge in the death of George Floyd.
Chauvin was already charged with accidental murder in the second degree and manslaughter in the second degree, and jury selection for his trial began on Tuesday but was then postponed. He has entered a not guilty plea. It’s unclear if the new penalty will affect the trial’s March 29 start date.
In the days after Floyd’s death, Chauvin was charged with third-degree murder, but the charge was dismissed in October by a Hennepin County District Court Judge Peter Cahill, who said it did not relate to the circumstances of this case. Last week, the Minnesota Court of Appeals asked Cahill to reconsider his motion to reinstate the charge after the state filed an appeal.
The accusation of third-degree murder, also known as “depraved mind” murder, was most recently used in Mohamed Noor’s trial, a former Minneapolis police officer. Prosecutors said he shot his gun at an individual outside his squad car window, killing Justine Ruszczyk and endangering his own partner.
Eric Nelson, Chauvin’s defense attorney, claimed in court that Noor’s situation was factually and procedurally distinct from Chauvin’s encounters with Floyd, in which he knelt for a prolonged time on Floyd’s head and neck section. On the other hand, prosecutors claimed that the judge was obligated to meet the precedent set by the appeals court.
Floyd’s final moments were captured on alarming police and bystander footage, and his death sparked riots and fires across the region, as well as global demonstrations against police brutality and racism. Due to coronavirus-related courtroom space restrictions, all four officers were dismissed, and Chauvin is being prosecuted separately.
Second-degree murder carries a maximum penalty of 40 years in Minnesota, while third-degree murder carries a maximum sentence of 25 years.
