Lesser charge dismissed in Floyd death

MINNEAPOLIS — A Minnesota judge has dismissed a third-degree murder charge filed against the former Minneapolis police officer who pressed his knee against George Floyd’s neck, saying there was not enough probable cause for that count to proceed to trial. However, a more serious second-degree murder charge against Derek Chauvin remains.

Hennepin County District Judge Peter Cahill’s ruling, dated Wednesday and made public Thursday, found probable cause for Chauvin to be tried on one count of unintentional second-degree murder and one count of second-degree manslaughter. Cahill also found probable cause to move forward with the aiding and abetting counts against three other former officers, Thomas Lane, J. Kueng and Tou Thao.

Cahill said a jury will decide whether they are guilty. Floyd, a Black man in handcuffs, died May 25 after Chauvin, who is white, pressed his knee against Floyd’s neck as he said he couldn’t breathe. Floyd’s death sparked protests in Minneapolis and beyond, and led to a nationwide reckoning on race. All four officers were fired. They are scheduled to stand trial in March.

Cahill said prosecutors do not need to show Chauvin’s actions were the sole cause of Floyd’s death. He also said Chauvin’s decision to continue kneeling on Floyd’s neck after he went silent and motionless “is strong evidence of Chauvin’s intent to inflict bodily harm.”

After Cahill’s ruling, Gov. Tim Walz activated the Minnesota National Guard in anticipation of protests.