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Chauvin Trial: Judge Reinstates 3rd-Degree Murder Charge Over George Floyd's Killing
Bill ChappellMarch 11, 20219:45 AM ET
Derek Chauvin will face a third-degree murder charge in the death of George Floyd, after a district court judge reversed his earlier ruling on Thursday.
MPR News/Screenshot by NPR
Former Minneapolis police officer Derek Chauvin will face an additional charge of third-degree murder, Hennepin County Judge Peter Cahill ruled on Thursday, after an appeals court ordered Cahill to reconsider his earlier decision to dismiss the charge.
"The court is going to grant the motion to reinstate" the charge, Cahill said as he announced his decision.
The ruling came as a third day of jury selection was set to begin in the trial over the killing of George Floyd. Chauvin was already facing manslaughter and second-degree murder charges when the much-anticipated trial opened this week.
Chauvin's defense team had sought to block the additional murder charge, but the Minnesota Supreme Court denied the request for review, in a decision that was issued Wednesday afternoon.
Last Friday, the Court of Appeals ordered Cahill to reexamine the third-degree charge based on the precedent set by a recent appeals court ruling. The judge had initially found that ruling, in the case of former Minneapolis police officer Mohamed Noor, was not a precedent for the Chauvin case.
On Thursday, Cahill said he now agrees with the higher court, and that its precedent takes effect immediately.
"I feel bound by that," the judge said, "and I feel it would be an abuse of discretion not to grant the [prosecution's] motion."
Noor was found guilty of third-degree murder in the killing of a woman outside her home. Prosecutors argued that the appeals court's ruling in that case supports the charge against Chauvin.
Chauvin's attorney, Eric Nelson, argued in court Thursday that the cases are different. At one point, he noted that in the Noor case, the officer had clearly put other people at risk when, seated in a car, he leaned over and fired his weapon through his partner's window.
When Cahill threw out the third-degree murder charge last fall, he ruled that prosecutors could not show probable cause that Chauvin's actions had placed people other than Floyd at risk. But he said the recent appeals court ruling changes the standard.
"Even though they are factually different, I have to follow the rule that the Court of Appeals has put in place," Cahill said, "specifically that murder in the third degree applies even if the person's intent and acts are directed at a single person."
Rights activists are also
keeping the Noor case in mind as they watch the Chauvin case, because of the reversal of races: Noor is Black and the woman he killed was white; Chauvin is white and Floyd was Black.
The Hennepin County Medical Examiner
ruled last June that George Floyd's death was a homicide, saying that his heart and lungs stopped functioning "while being restrained."
The autopsy report cited neck compression – Chauvin was seen holding his knee on Floyd's neck for nearly nine minutes – but it also noted "other significant conditions," including fentanyl intoxication, recent methamphetamine use, and signs of heart disease.
Floyd's death inflamed nationwide protests that quickly spread around the world, as people expressed outrage over the dramatic video in which Chauvin is seen pinning Floyd to the asphalt.
"Please, please. I can't breathe," Floyd repeatedly said before he died.
Five jurors are now seated for the trial, as the court works to select 12 jurors and two alternates. When they're chosen, jurors are told to report back to the courthouse on March 29, when opening statements are scheduled to begin.
Three other former Minneapolis officers who were at the scene — Tou Thao, J. Alexander Kueng and Thomas K. Lane — face charges of aiding and abetting murder. They were fired along with Chauvin one day after Floyd was killed, and they were arrested several days later.
Judge reinstates 3rd-degree murder charge against Derek Chauvin in death of George Floyd
Judge reinstates 3rd-degree murder charge against Derek Chauvin in death of George Floyd
Chauvin also is facing second-degree murder and second-degree manslaughter.
By
Bill Hutchinson
March 11, 2021, 3:26 PM
The judge presiding over the trial of former Minneapolis police officer Derek Chauvin in the death of George Floyd has reinstated a third-degree murder charge in the case after the Minnesota Court of Appeals ruled that the application of the count in another civilian death involving a Minneapolis police officer established precedent.
Hennepin County District Court Judge Peter Cahill, who dismissed the third-degree murder charge in October, granted the motion by prosecutors to reinstate the charge after hearing arguments from both sides of the case.
Cahill's decision hinged on a recent appellate court decision upholding a third-degree murder conviction against former Minneapolis police officer
Mohamed Noor in the 2017 fatal shooting of Justine Ruszczyk Damondafter she called 911 to report an assault in progress near her home.
"With regard to the state's motion to reinstate, the court is going to grant the motion," Cahill said before the
third day of jury deliberations began.
Cahill said that he initially disagreed with the appellate court's decision in the Noor case.
Prior to the Feb. 1
Appeals Court decision in the Noor case, a third-degree murder charge in Minnesota only applied if the defendant's actions endangered more than one person.
Chauvin's attorney's filed a petition asking the Supreme Court to review the appellate decision, contending it did not apply to Chauvin's case because the former officer is accused of targeting only Floyd. The petition prompted prosecutors in the case to ask the appeals court to halt jury selection, contending Cahill did not have total jurisdiction as long as Supreme Court was considering Chauvin's request.
Despite the petition from prosecutors on Monday to stay the trial, Cahill ruled that he was moving on with jury selection until the appeals court told him otherwise, which it never did.
The Supreme Court on Wednesday rejected Chauvin's petition, putting the decision on the third-degree murder count back on Cahill.
"The court of appeals has said in a precedential opinion specifying the single-person rule applies to third-degree murder. I feel bound by that and I feel it would be an abuse of discretion not to grant the motion," Cahill said.
Prior to the ruling, Chauvin's lawyer, Eric Nelson, presented an unsuccessful last-ditch argument on why he believed the third-degree murder should not be reinstated. Nelson contended that the Noor case was procedurally and factually different than the Chauvin case.
"If you look at the facts of Noor, it's a Minneapolis police officer. This is a case involving a former Minneapolis police officer and that's about where the similarities end," Nelson said.
He said Noor was inside a patrol car with his partner and fired a gun across his partner's chest at a silhouette outside the vehicle that turned out to be Ruszczyk Damond, an "inherently dangerous" action that jeopardized anyone in the line of fire, including a bicyclist who was riding by at the time. He cited other cases to support his argument, saying they all include some form of instrumentality, whether it be a gun or a vehicle used to run someone over.
"Factually, there is no instrumentality here other than arguably Mr. Chauvin's knee," Nelson said.
He argued the cases are also procedurally different because Noor's appeal was filed after his conviction, and the Cauvin case is still in a pre-trial phase.
The prosecution's key evidence in the case against Chauvin is a bystander video of the May 25 arrest in which Chauvin, who is white, is seen kneeling on the back of Floyd's neck for more than nine minutes as the handcuffed and prone Black man repeatedly cried out, "I can't breathe."
Attorneys Ben Crump and Antonio Romanucci, who represent the Floyd family, applauded Cahill's decision.
"We're gratified that the judge cleared the way for the trial to proceed and for Chauvin to face this additional charge," Crump and Romanucci said in a statement. "The trial is very painful and the family needs closure. We're pleased that all judicial avenues are being explored and that the trial will move forward."
The circumstances of Floyd's death prompted weeks of protests in Minneapolis and across the nation, some of which were accompanied by violent clashes against police, looting and vandalism of businesses.
Like many people across the country, President Joe Biden is closely monitoring the Chauvin trial, White House press secretary Jen Psaki said on Thursday. She said Biden has no intention of weighing in on the criminal case, but added the president has previously spoken about racial justice and his support of police reform.
"He's watching it closely, as are many members of the administration," Psaki said.
Chauvin is being tried separately from three other former officers involved in Floyd's death. J. Alexander Kueng, Thomas Lane and Tou Thao are charged with aiding and abetting second-degree murder and manslaughter and are scheduled to go on trial in August. All three have pleaded not guilty to the charges.
After the issue of the third-degree murder was settled, jury selection resumed, with the sixth juror seated on Thursday.
The latest member added to the panel is a man who works as a route driver, who described himself as Real Madrid soccer fan who enjoys true crime podcasts. He said it was "mind-blowing" to receive a jury summons in such a big case.
Attorneys said they're looking to select 14 jurors for the case, including two alternates.
ABC News' Whitney Lloyd contributed to this report.