In this image taken from video, defense attorney Eric Nelson, left, and defendant, former Minneapolis police officer Derek Chauvin, right, listen to Hennepin County Judge Peter Cahill during pretrial motions, prior to continuing jury selection in the trial of Chauvin, Thursday, March 11, 2021. (Court TV/Pool via Pool)

In this image taken from video, defense attorney Eric Nelson, left, and defendant, former Minneapolis police officer Derek Chauvin, right, listen to Hennepin County Judge Peter Cahill during pretrial motions, prior to continuing jury selection in the trial of Chauvin, Thursday, March 11, 2021. (Court TV/Pool via Pool)

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

Former officer Derek Chauvin was already facing second-degree murder, manslaughter charges

A judge on Thursday granted prosecutors’ request to add a third-degree murder count against a former Minneapolis police officer charged in George Floyd’s death, offering jurors an additional option for conviction and resolving an issue that might have delayed his trial for months.

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.

Chauvin already faced second-degree murder and manslaughter charges. Legal experts say the additional charge helps prosecutors by giving jurors another option to find Chauvin guilty of murder.

The dispute over the third-degree murder charge revolved around wording in the law that references an act “eminently dangerous to others.” Cahill’s initial decision to dismiss the charge had noted that Chauvin’s conduct might be construed as not dangerous to anyone but Floyd.

But prosecutors sought to revive the charge after the state’s Court of Appeals recently upheld the third-degree murder conviction of another former Minneapolis police officer in the 2017 killing of an Australian woman. They argued that the ruling established precedent that the charge could be brought even in a case where only a single person is endangered.

READ MORE: Minneapolis cop who knelt on man’s neck charged with murder

READ MORE: George Floyd asphyxiated by sustained pressure, autopsy reveals

Arguments over when precedent from former officer Mohamed Noor’s case took effect went swiftly to the state’s Supreme Court, which on Wednesday said it would not consider Chauvin’s appeal of the matter. Cahill said Thursday that he accepts that precedent is clearly 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.

Jury selection resumed Thursday for the third day with a sixth person chosen, a man who described himself as an outgoing soccer fan for whom the prospect of the trial was “kind of exciting.” The pool so far includes five men and one woman. One man is white, but the others’ racial backgrounds have not been disclosed in court.

Two other candidates were dismissed Thursday: a woman who said she “can’t unsee the video” of Chauvin pinning Floyd, and a man who said he has doubts about Black Lives Matter and the way the group pursues its goals.

At least three weeks have been set aside to complete a jury of 12 plus two alternates. Potential jurors’ identities are being protected and they are not shown on livestreamed video of the proceedings.

Chauvin and three other officers were fired. The others face an August trial on aiding and abetting charges. The defence hasn’t said whether Chauvin will testify in his own defence.

READ MORE: ‘We’re sick of it’: Anger over police killings shatters U.S.

United States

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Elijah Beauregard, 16, was stabbed in downtown Kelowna on June 27, 2019. He died of his wounds three days later in hospital. His family is raising money to put a memorial bench at his favourite skatepark in Penticton.
Young woman charged in stabbing death of Penticton teen pleads guilty

The teen, who can’t be named, will appear in Kelowna Supreme Court Tuesday

B.C. wineries are open for indoor tasting despite new provincial health regulations. Photo- 
50th Parallel Winery, Instagram.
Indoor wine tastings still allowed in B.C., not considered a ‘social gathering’

“Tasting is really just part of the retail experience. The analogy I use is you wouldn’t buy a pair of pants without trying them on.”

The Kampe Estate across from the Channel has been bought by a developer who wants to put up two towers. (Brennan Phillips Western News)
Residents concerned over plans for Kampe property

Some residents were not happy to hear about plans for two six-storey apartment buildings

Penticton Vees continue their winning streak carrying a 5-0 win title as of Sunday night's hockey action. (Cherie Morgan/Cherie Morgan Photography)
Penticton Vees continue winning streak

Sunday night’s 6-1 win has them with five in a row since the start of the season

Mainly clear and sunny skies are expected for the Okanagan-Shuswap region this week. (Maxpixels photo)
Warm, sunny week ahead in Okanagan-Shuswap

Daytime highs will reach the low 20s with mainly clear skies this week

Burnaby MLA Raj Chouhan presides as Speaker of the B.C. legislature, which opened it spring session April 12 with a speech from the throne. THE CANADIAN PRESS
B.C. NDP promises more health care spending, business support in 2021 budget

John Horgan government to ‘carefully return to balanced budgets’

Shayla, an 8-pound black and grey Havanese, was stolen from outside a store on Banks Road on Saturday. (Contributed)
Stolen pup located, Kelowna RCMP confirms

Mounties said on April 12 that Shayla, the 8-pound, black and grey Havanese dog, has been located safe and sound

A sign on a shop window indicates the store is closed in Ottawa, Monday March 23, 2020. The Canadian Federation of Independent Business is raising its estimate for the number of businesses that are considering the possibility of closing permanently. THE CANADIAN PRESS/Adrian Wyld
Small business struggling amid COVID-19 pandemic looks for aid in Liberals’ budget

President Dan Kelly said it is crucial to maintain programs to help businesses to the other side of the pandemic

The National Security and Intelligence Committee of Parliamentarians says that includes attempts to steal Canadian research on COVID-19 and vaccines, and sow misinformation. (AP Photo/Esteban Felix)
Intelligence committee warns China, Russia targeting Canadian COVID-19 research

Committee also found that the terrorist threat to Canada has shifted since its last such assessment

Parliament Hill is viewed below a Canada flag in Gatineau, Quebec, Friday, Sept. 18, 2020. A new poll suggests most Canadians are feeling more grateful for what they have in 2020 as a result of COVID-19 pandemic.THE CANADIAN PRESS/Sean Kilpatrick
Canada’s greenhouse gas emissions increased slightly in 2019: report

2019 report shows Canada emitted about one million tonnes more of these gases than the previous year

A car sheared a Hydro pole and the driver was pinned by a fence pole on 43rd Avenue Saturday, April 10. (Carmen Jaster photo)
Suspected impaired driver ‘lucky to be alive’ after crash in Vernon yard

Impaired driving investigation underway after driver shears Hydro pole and narrowly misses being impaled

A crane stands in the middle of a fire-ravaged Glenmore Road construction site on Thursday, April 8. (Aaron Hemens - Capital News)
Evacuation order remains in effect around burned Kelowna construction site

Assessment of potentially risky crane to take place this afternoon

Dr. E. Kwok administers a COVID-19 vaccine to a recipient at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. to register people ages 40+ for COVID-19 vaccines in April

Appointments are currently being booked for people ages 66 and up

Interior Health improves access to mental health supports amid COVID-19 pandemic. (Stock)
Interior Health connects people to mental health resources amid COVID

310-MHSU line receives positive feedback in early months of rollout

Most Read