Judge tosses one of two murder charges against ex-cop Derek Chauvin in George Floyd case
A Minnesota judge on Thursday dismissed the third-degree murder charge against ex-Minneapolis cop Derek Chauvin for the death of George Floyd, leaving the more serious charge of second-degree murder intact.
Hennepin County Judge Peter Cahill also kept in place the suspect’s second-degree manslaughter charge as well as all charges against his three co-defendants — former officers Tou Thao, Thomas Lane and J. Alexander Kueng, who are accused of aiding and abetting second-degree murder.
Chauvin was the one caught on camera kneeling on Floyd’s neck for several minutes on May 25 as the unarmed 46-year-old Black man repeatedly begged for his life, a shocking incident that spurred protests against racism and police brutality in Minneapolis and across the country.
Defense attorneys had asked the judge to drop all charges against their clients, arguing that the men had no intent to assault or kill the handcuffed victim.
The judge denied their request, but he agreed with Chauvin’s attorneys that there was no probable cause to charge him with third-degree murder, a rarely used statute involving an act that is “eminently dangerous to others.” Cahill explained in his ruling that pursuing this charge would require the state to prove that Chauvin’s actions were “directed at more than one person,” which was not the case.
The judge cited another high-profile case involving a Minneapolis cop who faced the same three charges as Chauvin does. Former officer Mohamed Noor was convicted of third-degree murder last year for fatally shooting Justine Ruszczyk Damond outside her home in 2017.
In that case, Cahill said, the charge was appropriate because Noor “was potentially putting at risk” his own partner’s life or anyone walking by the area when he recklessly fired his gun while sitting in his squad car.
“Here, in contrast, nothing about the manner in which Chauvin pressed his knee down on Floyd’s neck for nine-plus minutes while Kueng and Lane were also kneeling on Floyd’s back and legs was eminently dangerous to anyone other than Floyd," the judge wrote.
The charge of second-degree unintentional murder, meanwhile, is more commonly used against police officers involved in deadly incidents. A person is guilty of this crime when he or she causes the death of a human being “without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct," according to state law.
Minnesota Gov. Tim Walz celebrated Cahill’s decision to uphold the higher charges in the case on Twitter, calling it an “important step toward justice for George Floyd.”
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Attorney General Keith Ellison also reacted to the ruling Thursday.
“This is an important, positive step forward in the path toward justice for George Floyd, his family, our community, and Minnesota," he said in a statement. "We look forward to presenting the prosecution’s case to a jury in Hennepin County.”
The judge is also expected to rule on whether the trial should be held outside of Hennepin County and if the jury should be anonymous.
Chauvin, 44, was released from custody earlier this month after posting a $1 million bond. The three other suspects were already out on bond.
