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

MINNEAPOLIS — 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 seconddegree murder and manslaughter charges. Legal experts say the additional charge helps prosecutors by giving jurors another option to find Chauvin guilty of murder. Cahill told potential jurors after the ruling that he still expects opening statements on March 29.

The dispute over the thirddegree murder charge revolved around wording in the law that references an act “eminently dangerous to others.” Cahill’s initial decision to dismiss the charge 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 thirddegree 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.

Arguments over when the 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. Cahill said Thursday that he accepts that precedent has been 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.

Jury selection resumed Thursday, and by day’s end, the jury included five men and one woman.