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Judge reinstates third-degree murder charge against Derek Chauvin in George Floyd's death

March 11, 2021. Summarized by summa-bot.

Compression ratio: 52.9%. 2 min read.

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 charge of third-degree murder on Thursday.

(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 charge 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.

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

The third-degree murder charge, sometimes known as "depraved mind" murder, was most recently used in the trial against former Minneapolis Police officer Mohamed Noor.

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. "

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 the district court "erred by concluding that it was not bound by the principles of law set forth in Noor and by denying the state's motion to reinstate the charge of third-degree murder on that basis. "

"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.

by summa-bot

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