Judge OKs 3rd-degree murder charge for ex-cop in Floyd death

A judge on Thursday granted prosecutors’ request to add a third-degree murder charge against the former Minneapolis police officer charged in George Floyd’s death.

Associated Press

Mar 11, 2021, 2:55 PM

Updated 1,233 days ago

Share:

Judge OKs 3rd-degree murder charge for ex-cop in Floyd death
A judge on Thursday granted prosecutors’ request to add a third-degree murder charge against the former Minneapolis police officer charged in George Floyd’s death.
Hennepin County Judge Peter Cahill reinstated the charge after the former officer, Derek Chauvin, failed to get appellate courts to block it. Cahill had earlier rejected the charge as not warranted by the circumstances of Floyd’s death, but an appellate court ruling in an unrelated case established new grounds for it.
Chauvin already faced second-degree murder and manslaughter charges. Legal experts say the additional charge helps prosecutors by giving jurors one more option to convict Chauvin of murder.
The dispute over the third-degree murder charge revolved around the conviction of another former Minneapolis police officer in the unrelated killing of an Australian woman. The appeals court recently affirmed Mohamed Noor’s third-degree murder conviction in the 2017 shooting death of Justine Ruszczyk Damond, and the state used that affirmation to argue that it established new justification for the charge in Chauvin's case.
Cahill agreed that the precedent has now been established.
“I feel bound by that and I feel it would be an abuse of discretion not to grant the motion," he said.
Floyd was declared dead on May 25 after Chauvin, who is white, pressed his knee against the Black man’s neck for about nine minutes. Floyd’s death sparked sometimes violent protests in Minneapolis and beyond, leading to a nationwide reckoning on race.
The ruling came ahead of resumption of jury selection Thursday. Five jurors have been seated after just two days of screening by attorneys and the judge, who has set aside at least three weeks to fill the panel.
Attorneys have given considerable attention to the jury pool's attitudes toward police in the first two days of questioning, trying to determine whether they’re more inclined to believe testimony from law enforcement over evidence from other witnesses to the fatal confrontation.
The first juror picked Wednesday, a man who works in sales management and grew up in a mostly white part of central Minnesota, acknowledged saying on his written questionnaire that he had a “very favorable” opinion of the Black Lives Matter movement and a “somewhat unfavorable” impression of the Blue Lives Matter countermovement in favor of police, yet “somewhat agreed” that police don’t get the respect they deserve. He said he agrees that there are bad police officers.
"Are there good ones? Yes. So I don’t think it’s right to completely blame the entire organization,” he told the court under questioning from prosecutor Steve Schleicher.
He also said he would be more inclined to believe an officer over the word of another witness. But he said he could set aside any ideas about the inherent honesty of an officer and evaluate each witness on their own.
The second, a man who works in information technology security, marked “strongly agree” on a question about whether he believes police in his community make him feel safe. His community wasn’t specified - jurors are being drawn from all over Hennepin County, which includes Minneapolis and many of its suburbs.
“In my community, I think when there is suspicious activity the police will stop by, they will ask a question,” he said. “I think that sense of community is all we want right? We want to live in a community where we feel safe regardless of race, color and gender.”
Schleicher noted that the man also stated in his questionnaire that he strongly disagreed with the concept of “defunding” the police, which has become a political flashpoint locally and across the country in the wake of Floyd’s death.
“While I necessarily might not agree with the police action in some situation, I believe that in order for police to make my community safe they have to have the money,” he replied.
The questionnaire explores potential jurors' familiarity with the case and their own contacts with police. Their answers have not been made public, and the jurors’ identities are being kept secret. Their racial backgrounds often aren’t disclosed in open court.
Chauvin and three other officers were fired. The others face an August trial on aiding and abetting charges. The defense hasn't said whether Chauvin will testify in his own defense.
Schleicher used a peremptory challenge Wednesday to remove from the panel a woman who has a nephew who’s a sheriff’s deputy in western Minnesota. She said she was dismayed by the violence that followed Floyd’s death.
“I personally didn’t see any usefulness to it,” she said. “I didn’t see anything accomplished by it, except I suppose bring attention to the frustrations of the people involved. But did I see anything useful coming out of the burning of Lake Street and that sort of thing? I did not.”


More from News 12
1:49
Bridgeport church reported finding hundreds of hypodermic needles on parish property this week

Bridgeport church reported finding hundreds of hypodermic needles on parish property this week

1:34
Sunny this weekend, chance of storms next week

Sunny this weekend, chance of storms next week

2:13
‘You know who I am?’ Police video shows Bridgeport councilman’s ‘combative’ traffic stop

‘You know who I am?’ Police video shows Bridgeport councilman’s ‘combative’ traffic stop

0:26
Boat Camp introduces kids to the beauty of Long Island Sound

Boat Camp introduces kids to the beauty of Long Island Sound

0:16
Police: Norwalk man arrested for committing lewd acts against a family member in San Diego

Police: Norwalk man arrested for committing lewd acts against a family member in San Diego

2:33
Can swimming become dangerous due to extremely high water surface temperatures?

Can swimming become dangerous due to extremely high water surface temperatures?

0:42
 Real Deal: Natural gas, rent and medical care continue to increase in Connecticut

Real Deal: Natural gas, rent and medical care continue to increase in Connecticut

0:20
Little boy helps rescue dog in Stratford

Little boy helps rescue dog in Stratford

0:51
Norwalk celebrates 34th anniversary of the Americans with Disabilities Act

Norwalk celebrates 34th anniversary of the Americans with Disabilities Act

1:57
'It's powerful.' NHL stars participate in Stamford fundraiser to raise awareness of suicide prevention

'It's powerful.' NHL stars participate in Stamford fundraiser to raise awareness of suicide prevention

2:08
63rd annual summer book sale begins at Pequot Library in Southport

63rd annual summer book sale begins at Pequot Library in Southport

0:31
Shelton homeowner faces charges after illegal fireworks cause fire to escalate

Shelton homeowner faces charges after illegal fireworks cause fire to escalate

1:57
Bridgeport Police Department swears in dozens of new recruits

Bridgeport Police Department swears in dozens of new recruits

2:00
Harris campaign highlights challenges female candidates face in CT

Harris campaign highlights challenges female candidates face in CT

0:14
Officials: West Nile virus confirmed in mosquitoes collected from Danbury testing site

Officials: West Nile virus confirmed in mosquitoes collected from Danbury testing site

0:56
Free life jacket station unveiled at Lake Simmons in Greenwich

Free life jacket station unveiled at Lake Simmons in Greenwich

0:43
Connecticut resident awarded Caregiver of the Year award at BrightStar Care in Norwalk

Connecticut resident awarded Caregiver of the Year award at BrightStar Care in Norwalk

0:32
Connecticut State Police rescue ducks from Interstate-91 in Hartford

Connecticut State Police rescue ducks from Interstate-91 in Hartford

2:46
Main Street Connecticut: Showcasing the best of Weston

Main Street Connecticut: Showcasing the best of Weston

0:56
Norwalk unveils new playground at Flax Hill Park

Norwalk unveils new playground at Flax Hill Park