Santa Fe New Mexican

Chauvin’s trial may be delayed after new ruling

- By Tim Arango and Nicholas Bogel-Burroughs

The Minnesota Court of Appeals on Friday ruled that a lower court must reconsider whether to add a third-degree murder charge against Derek Chauvin, the former Minneapoli­s police officer who is scheduled to go on trial next week for the death of George Floyd.

The ruling, coming just days before jury selection in Chauvin’s trial was set to begin Monday, also raises the possibilit­y of a delay in the trial. The unanimous decision by the appeals court means that the trial court may again hear arguments from Chauvin and prosecutor­s from the Minnesota attorney general’s office over whether Chauvin should face the third-degree murder charge.

He is already facing a more serious charge of second-degree murder as well as second-degree manslaught­er, but prosecutor­s sought to add on the third-degree murder charge, which carried up to 25 years in prison and would give them another avenue to win a conviction.

Chauvin’s lawyer, Eric Nelson, could appeal the ruling to the Minnesota Supreme Court. He did not respond to an inquiry about whether he would.

Opening statements in Chauvin’s trial were expected to begin March 29, after a weekslong jury selection process. City officials have erected security barriers around government buildings, and business owners have begun boarding up storefront­s. The National Guard has also been deployed to secure the city and contain any protests the trial may provoke.

The death of Floyd, who gasped for air while Chauvin pressed him to the concrete with his knee outside of a convenienc­e store, was captured on video from a bystander’s cellphone and prompted widespread protests in Minneapoli­s and cities and towns across the country.

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