Third-Degree Murder Charge Against Ex-Cop Derek Chauvin Reinstated By Appeals Court

Derek Chauvin, the ex-Minneapolis police officer charged with killing George Floyd, has had the third-degree murder charge against him reinstated following an appeals court decision.

The New York Post reported that the Minnesota Court of Appeals reversed a lower court’s decision to toss the third-degree murder charge against Chauvin, a move that could delay his trial, according to KARE 11.

The appeals court determined that Hennepin County District Judge Peter Cahill was wrong to deny the prosecution’s request to reinstate the lesser charge against Chauvin, and the case has been sent back to him for reconsideration. Cahill dropped the charge in October after Chauvin’s defense team requested it be removed.

Chauvin’s defense attorneys can appeal the latest decision to the Minnesota Supreme Court. More from KARE 11:

Third-degree murder is a complicated charge that has a legal history of only being applied in situations where the “death-causing act” is more broad and not directed at a single person. However, former Minneapolis police officer Mohamed Noor was convicted on this charge for fatally shooting Justine Ruszczyk Damond, and the Minnesota Court of Appeals recently upheld that charge, saying that it can indeed apply when the death-causing act is directed at an individual. At that point, prosecutors asked the judge to reinstate the charge for Chauvin, as well. But the judge denied their request, saying that the appeals court’s ruling is not precedential yet. He said the decision will not be final until Noor decides not to appeal to the state Supreme Court within the window allotted, or the state Supreme Court either hears it or declines to review.

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