Court Thinking to Reinstate Third-Degree Murder Charge vs. Derek Chauvin

By Mary Anne Webber (staff@latinpost.com) First Posted: Mar 03, 2021 04:36 AM EST

In this handout provided by Ramsey County Sheriff's Office, former Minneapolis police officer Derek Chauvin poses for a mugshot after being charged in the death of George Floyd . Bail for Chauvin, who is charged with third-degree murder and manslaughter, is set at $500,000. The death sparked riots and protests in cities throughout the country after Floyd, a black man, was killed in police custody in Minneapolis on May 25. (Photo : Ramsey County Sheriff's Office via Getty Images)

The Minnesota Court of Appeals is deliberating whether to reinstate a third-degree murder charge against Derek Chauvin, the police officer in Minneapolis involved in the killing of George Floyd.

A prosecutor from Minnesota Attorney General Keith Ellison's office argued that the presiding district court judge abused his discretion by dropping the third-degree murder charge against Chauvin. This happened during a virtual hearing on Monday, according to an ABC News report.

Chauvin currently faces second-degree murder and second-degree manslaughter charges in relation to the May 25 killing of 46-year-old George Floyd. The former police officer did not attend Monday's hearing.

"We will ... issue an expedited decision as soon as possible, appreciating that the trial in this matter is supposed to start one week from today," Appellate Judge Michelle A. Larkin was quoted in a report.

Three other involved former officers are also being tried separately -- J. Alexander Kueng, Thomas Lane, and Thou Thao.

All three former officers are charged with aiding and abetting second-degree murder and manslaughter. They are scheduled to go on trial in August.

Floyd's Death

A footage captured through a cellphone showed Chauvin digging his knee into the back of Floyd's neck for a period of time while Kueng and Lane held the handcuffed man down in a prone position. Floyd was heard repeatedly saying that he cannot breathe.

Thao, on the other hand, is accused of standing by and keeping witnesses at bay, while the 46-year-old victim went unconscious and was later pronounced dead at a hospital.

Hennepin County District Court Judge Peter Cahill dismissed the third-degree murder charge in October last year. He is also the presiding judge over Chauvin's case.

Ellison asked Cahill to reinstate the third-degree murder charge against Chauvin, however, the judge refused, according to CBS News report.

Among those arguing through Zoom before the court of appeals was known East Coast lawyer Neal Katyal, who is on the prosecution team. Representing Chauvin was veteran Minnesota defense attorney Eric Nelson.

Defense attorney Joe Tamburino, who is not part of the case, said that the prosecution is in a very strong legal position. He said that there are several reasons for prosecutors to want the third-degree charge brought back.

Tamburino said it is another means by which Chauvin could be convicted and it may be easier to prove than second-degree murder.

Tension as Trial Nears

Barbed wire and concrete barriers are surrounding the courthouse where Chauvin will soon go on a trial.

Mayor Jacob Frey and Gov. Tim Walz were lambasted for the lack of quick action to stop the looting and destruction -- including the torching of a police station.

Others are worried about similar bad, or even worse, things might happen elsewhere if Chauvin would be acquitted, according to an Associated Press report.

Elias Usso personally blames Chauvin for what he considers the murder of an innocent man, as well as for the destruction that followed. Usso owned a pharmacy on Lake Street and had been open less than a year when it was destroyed by fire and water.

Meanwhile, security is being fortified around Hennepin County Courthouse, City Hall, and the jail.

Tags Third-degree murder, Derek Chauvin, George Floyd