In this image taken from video, defense attorney Eric Nelson, left, and defendant, former Minneapolis police officer Derek Chauvin, right, listen to Hennepin County Judge Peter Cahill during pretrial motions, prior to continuing jury selection in the trial of Chauvin, Thursday, March 11, 2021. (Court TV/Pool via Pool)

In this image taken from video, defense attorney Eric Nelson, left, and defendant, former Minneapolis police officer Derek Chauvin, right, listen to Hennepin County Judge Peter Cahill during pretrial motions, prior to continuing jury selection in the trial of Chauvin, Thursday, March 11, 2021. (Court TV/Pool via Pool)

Judge OKs 3rd-degree murder charge for ex-cop in George’s Floyd death

Former officer Derek Chauvin was already facing second-degree murder, manslaughter charges

A judge on Thursday granted prosecutors’ request to add a third-degree murder count against a former Minneapolis police officer charged in George Floyd’s death, offering jurors an additional option for conviction and resolving an issue that might have delayed his trial for months.

Hennepin County Judge Peter Cahill reinstated the charge after the former officer, Derek Chauvin, failed to get appellate courts to block it. Cahill had earlier rejected the charge as not warranted by the circumstances of Floyd’s death, but an appellate court ruling in an unrelated case established new grounds.

Chauvin already faced second-degree murder and manslaughter charges. Legal experts say the additional charge helps prosecutors by giving jurors another option to find Chauvin guilty of murder.

The dispute over the third-degree murder charge revolved around wording in the law that references an act “eminently dangerous to others.” Cahill’s initial decision to dismiss the charge had noted that Chauvin’s conduct might be construed as not dangerous to anyone but Floyd.

But prosecutors sought to revive the charge after the state’s Court of Appeals recently upheld the third-degree murder conviction of another former Minneapolis police officer in the 2017 killing of an Australian woman. They argued that the ruling established precedent that the charge could be brought even in a case where only a single person is endangered.

READ MORE: Minneapolis cop who knelt on man’s neck charged with murder

READ MORE: George Floyd asphyxiated by sustained pressure, autopsy reveals

Arguments over when precedent from former officer Mohamed Noor’s case took effect went swiftly to the state’s Supreme Court, which on Wednesday said it would not consider Chauvin’s appeal of the matter. Cahill said Thursday that he accepts that precedent is clearly established.

“I feel bound by that and I feel it would be an abuse of discretion not to grant the motion,” he said.

Floyd was declared dead on May 25 after Chauvin, who is white, pressed his knee against the Black man’s neck for about nine minutes. Floyd’s death sparked sometimes violent protests in Minneapolis and beyond, leading to a nationwide reckoning on race.

Jury selection resumed Thursday for the third day with a sixth person chosen, a man who described himself as an outgoing soccer fan for whom the prospect of the trial was “kind of exciting.” The pool so far includes five men and one woman. One man is white, but the others’ racial backgrounds have not been disclosed in court.

Two other candidates were dismissed Thursday: a woman who said she “can’t unsee the video” of Chauvin pinning Floyd, and a man who said he has doubts about Black Lives Matter and the way the group pursues its goals.

At least three weeks have been set aside to complete a jury of 12 plus two alternates. Potential jurors’ identities are being protected and they are not shown on livestreamed video of the proceedings.

Chauvin and three other officers were fired. The others face an August trial on aiding and abetting charges. The defence hasn’t said whether Chauvin will testify in his own defence.

READ MORE: ‘We’re sick of it’: Anger over police killings shatters U.S.

United States

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Dawson Road Maintenance crews have been working on road base failures on Highway 20. (Dawson Road Maintenance Facebook photo)
ROAD REPORT: Dawson Road Maintenance provides update on Cariboo Chilcotin road conditions

Road bases still soft, saturated at multiple locations in Cariboo Chilcotin due to spring freshet

The Central Coast snowpack is now sitting at 146 percent (Felicia Harris photo)
Central Coast snowpack now 46 per cent above normal

The risk of spring flooding is elevated due to the above normal snowpack across the entire province

Residents line up socially distanced at the Seedy Saturday event, held at the Lobelco Hall parking lot from 10 a.m. to 2 p.m. April 3 with strict COVID-19 restrictions and precautions in place. (Nicole Kaechele photo)
Seedlings, plants and seeds offered at Seedy Saturday

“It was a fairly good turnout,” noted Elizabeth Howard

The Bella Coola Valley Arts Council (BCVAC) has recently received two awards totaling $40,000 from the province-wide British Columbia Arts Council, part of the StrongerBC: BC’s Economic Recovery Plan. The grants are to be used to stimulate local arts communities and to help them cope with impacts from the COVID-19 pandemic. (Photo submitted)
Bella Coola Valley Arts Council receives $40,000 for local projects

The grants will be used to stimulte local arts communities and help them cope with the pandemic

Nuxalk Sputc Crew technician Scmlh (Jason Moody) walks in Bella Coola River towards sputc holding tank with cinematographer Louvens Remy (photo submitted)
Documentary to highlight importance of sputc for Nuxalk Nation

Sputc: We Shall Eat When the River is Full is a cinematic tale of wealth, loss and recovery

A large crowd protested against COVID-19 measures at Sunset Beach in Vancouver on Tuesday, April 20, 2021. (Snapchat)
VIDEO: Large, police-patrolled crowds gather at Vancouver beach for COVID protests

Vancouver police said they patrolled the area and monitored all gatherings

A teacher-librarian in Nanaimo was fired in 2019 for checking out an age-inappropriate graphic novel to a student. The discipline agreement was published Wednesday, April 21. (News Bulletin file photo)
B.C. teacher-librarian fired for checking out too-graphic graphic novel to student

Teacher had been previously disciplined and suspended on two occasions

Former University of Victoria rowing coach Barney Williams is photographed in the stands during the Greater Victoria Invitational at CARSA Performance Gym at the University of Victoria in Victoria, B.C., on Friday, November 29, 2019. THE CANADIAN PRESS/Chad Hipolito
Former B.C. university rowing coach ‘deeply sorry’ after complaints

Barney Williams says he’s been committed to ensuring no other member of the roster had a similar experience

Aria Pendak Jefferson cuddles ChiChi, the family cat that ran away two years ago in Ucluelet. The feline was missing until Courtney Johnson and Barry Edge discovered her in the parking lot of the Canadian Princess earlier this month. Aria and her parents were reunited with ChiChi in a parking lot in Port Alberni. (SUSAN QUINN/ Alberni Valley News)
B.C. girl’s wish granted as her cat came back, two years later

Courtenay family reunited with cat that went missing in Ucluelet in 2019

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

FILE – The Instagram app is shown on an iPhone in Toronto on Monday, March 19, 2018. THE CANADIAN PRESS/Graeme Roy
Judge acquits B.C. teen boy ‘set up’ on sex assault charge based on Instagram messages

The girl and her friends did not have ‘good intentions’ towards the accused, judge says

Kai Palkeinen recently helped a car stuck on the riverbed near the Big Eddy Bridge. While the car could not be saved, some of the driver’s belongings were. It’s common for vehicles to get stuck in the area due to significantly changing river levels from Revelstoke Dam. (Photo by Kai Palkeinen)
“I just sank a car’: Revelstoke resident wants Columbia River better protected

Although it’s not permitted, the riverbed near the city is popular for off roading

Meng Wanzhou, chief financial officer of Huawei, walks down the street with an acquaintance after leaving B.C. Supreme Court during a lunch break at her extradition hearing, in Vancouver, B.C., Thursday, April 1, 2021. A judge is scheduled to release her decision today on a request to delay the final leg of hearings in Meng Wanzhou’s extradition case. THE CANADIAN PRESS/Rich Lam
B.C. judge grants Meng Wanzhou’s request to delay extradition hearings

Lawyers for Canada’s attorney general had argued there is no justification to delay proceedings in the case

Most Read