When prosecutors attempted to reinstate the third degree murder charge in February, Judge Cahill dismissed their arguments, saying he disagreed with the appeals court ruling and that she was not binding because the Minnesota Supreme Court could still overturn it.
If Chauvin is convicted of third degree murder and the Minnesota Supreme Court overturns the Noor decision, Mr. Chauvin’s conviction on that count could also be overturned and prosecutors could not try him again.
An appeals court judge wrote in an 18-page ruling on Friday that Judge Cahill erred in saying he was under no obligation to follow the precedent in the Noor case. The three-judge appeals committee ordered the lower court to reconsider the state’s request to add the third degree murder charge and said Judge Cahill may decide to hear additional arguments from the lawyer for Chauvin against the request.
- On May 25th, 2020, Minneapolis police officers arrested George Floyd, a 46-year-old black man, after a convenience store clerk claimed he used a fake $20 bill to buy cigarettes.
- Floyd died after Derek Chauvin, one of the police officers, handcuffed him and pinned him to the ground with one knee, an episode which was filmed.
- Floyd’s death sparked a series of nationwide protests against police brutality.
- Chauvin was fired from the Minneapolis Police Force along with three other officers. He has been charged with second degree murder and second degree manslaughter and is now on trial, which begins March 8th.
Keith Ellison, the Attorney General for Minnesota, said in a statement that he agrees with the court ruling and that prosecutors “look forward to bringing all charges to the jury.”
Opening statements in Mr. Chauvin’s trial were due to begin on March 29th, after a week-long jury selection process. City officials erected security barriers around government buildings and business owners began to climb storefronts. The National Guard has also been deployed to secure the city and contain any protests the trial may provoke.
Mr. Floyd’s death, who gasped as Mr. Chauvin pressed him against concrete with his knee outside a convenience store, was captured on video from a spectator’s cell phone and sparked numerous protests in Minneapolis and in towns and cities across the country. The episode began when an employee of the South Minneapolis convenience store called 911 and said Mr. Floyd attempted to use a fake $ 20 bill to buy cigarettes.
Three other officers seen in the video of Mr Floyd’s arrest, two of whom were recruits, have been charged with aiding and abetting second degree murder and second degree manslaughter and are due to stand trial in August . They were fired with Mr. Chauvin a day after Mr. Floyd’s death.
Just days after Mr. Floyd’s death, Mr. Chauvin agreed to plead guilty to third degree murder and go to jail for more than 10 years, but the plea deal was shattered when he was rejected by William P. Barr, then the Attorney General of the United States.
The federal government was in talks to sign the plea deal because Mr. Chauvin did not want to face federal charges in the future. But Mr Barr ultimately rejected the deal, in part because Mr Ellison was preparing to take the case back to the county attorney and Mr Barr wanted to let him decide whether he wanted to negotiate a plea or bring the case. court case.