Abcnews reports that; The judge presiding over the trial of former Minneapolis police officer Derek Chauvin; in the death of George Floyd has reinstated a third-degree murder charge in the case; after the Minnesota Court of Appeals ruled that the application of the count in another civilian death involving a Minneapolis police officer established precedent.
Hennepin County District Court Judge Peter Cahill, who dismissed the third-degree murder charge in October; granted the motion by prosecutors to reinstate the charge after hearing arguments from both sides of the case.
Cahill’s decision hinged on a recent appellate court decision upholding a third-degree murder conviction; against former Minneapolis police officer Mohamed Noor in the 2017 fatal shooting of Justine Ruszczyk Damond; after she called 911 to report an assault in progress near her home.
“With regard to the state’s motion to reinstate, the court is going to grant the motion,”; Cahill said before the third day of jury deliberations began.
Cahill said that he initially disagreed with the appellate court’s decision in the Noor case.
“I denied the motion initially because of my disagreement, but not without first checking to see if I was duty-bound to follow it as precedent,”; Cahill said. “Now, based on the defendant’s appeal, the Court of Appeals has made it very clear; Yes, I was bound from the moment the appeal was filed. And I accept that.”
44 year old Derek Chauvin, also has been charged with second-degree unintentional murder and second-degree manslaughter. He has pleaded not guilty to the charges.