USA | Former Minneapolis Police officer Derek Chauvin now faces additional murder charge in George Floyd's death

(CNN)--Former Minneapolis Police officer Derek Chauvin now faces an additional murder charge in the death of George Floyd after a Hennepin County judge reinstated a count of third-degree murder on Thursday.

Chauvin already faced charges of second-degree unintentional murder and second-degree manslaughter, and jury selection in his trial began Tuesday. He has pleaded not guilty.

The added charge provides prosecutors a third potential pathway to conviction in the closely watched case at the heavily fortified Hennepin County Government Center.

Chauvin was initially charged with third-degree murder in the days after Floyd's May 2020 death, but Hennepin County District Court Judge Peter Cahill dismissed the count in October, saying it did not apply to this case.

The state appealed that ruling, and the Minnesota Court of Appeals ordered Cahill to reconsider the motion to reinstate the charge last week. On Wednesday, the Minnesota Supreme Court refused a request by Chauvin's attorney to block the appellate court's decision, clearing the way for Cahill to reconsider reinstating the charge.

Third-degree murder, sometimes known as "depraved mind" murder, generally applies to a case in which a person does something eminently dangerous to others without regard for human life, such as randomly firing into a crowd or driving on the wrong side of the road.

The charge was most recently used in the trial against former Minneapolis Police officer Mohamed Noor. He was convicted of the charge after prosecutors said he fired his gun at a person outside of his squad car's window, killing Justine Ruszczyk and endangering his own partner.

Chauvin's defense attorney Eric Nelson argued in court Thursday that Noor's case was factually and procedurally different than Chauvin's interactions with Floyd, in which he knelt on Floyd's head and neck area for an extended period. However, prosecutors argued that the judge was bound to follow the appeals court's precedent in Noor.

Judge Cahill ruled Thursday that he accepts the appeals court ruling that the opinion in Noor's case immediately set a precedent, and he ruled to reinstate the charge.

He added that the third-degree murder charge only applied to Chauvin and that the potential to reinstate the charge for the three other officers charged in Floyd's death will be addressed at a later date.

"This charge has not come out of left field," Cahill said Thursday. "It was originally charged. I think the defense has been aware that the state will take every opportunity to try and add it back."

Floyd's final moments were captured on disturbing police and bystander video, and his death led to unrest and fires in the city as well as worldwide protests against police brutality and racism. All four officers involved were fired and charged in Floyd's death, and Chauvin is being tried separately due to coronavirus-related limits on courtroom space.

If convicted, Chauvin could face up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder, and up to 10 years for second-degree manslaughter.

How Noor's case applies

In October, Judge Cahill dropped the third-degree murder charge against Chauvin, ruling the charge can "be sustained only in situations in which the defendant's actions were 'eminently dangerous to other persons' and were not specifically directed at 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, he wrote at the time.

Minnesota Attorney General Keith Ellison filed a motion last month asking a district court judge to reinstate the charge, saying that Noor's sentencing "is precedential and now provides this Court with clear guidance regarding the elements of third-degree murder."

Appellate court Judge Michelle Larkin wrote that the district court "erred" in denying the state's motion to reinstate the charge.

"We therefore reverse the district court's order and remand for the district court to reconsider the state's motion to reinstate the third-degree murder charge in light of this court's precedential opinion in Noor," Larkin wrote for the panel of three judges.

In a statement to CNN, Ellison said: "We believe the Court of Appeals decided this matter correctly. We believe the charge of 3rd-degree murder, in addition to manslaughter and felony murder, reflects the gravity of the allegations against Mr. Chauvin."

Source: CNN, Brad Parks, Aaron Cooper and Eric Levenson, March 11, 2021

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