The Minnesota Court of Appeals ordered the judge to consider adding to the third degree of murder to charge former Minneapolis police officer Derek Chauvin, who was accused of killing George Floyd last year.
The development could delay Chauvin̵7;s trial, which will begin with a jury selection on Monday.
Floyd, who is black, died on May 25 after Chua Win, a white man, knelt on his neck as he was handcuffed and pleaded with that he could not breathe.
The unseen killings recorded in video sparked the biggest civil rights uprising in the United States since the 1960s, which at times sparked riots. Rather, it sparked the Black Lives Matter movement and forced a rethinking of police brutality and systemic racism at large.
Minnesota County Judge Peter Cahill was guilty last year when he denied a prosecution request to restore a third-degree murder charge against Chovin.
Cahill should follow the precedent set by the appeals court when confirming former Minneapolis officer Mohamed Nur’s third-degree murder conviction in the death penalty shootout. In 2017, the court said an Australian woman called 911 to report sexual harassment. Noor is appealing to the state’s highest court.
It was not clear on Saturday whether Friday’s ruling would delay Chauvin’s ruling. He was charged with second-degree murder and the murder of Chauvin had the option of appealing the verdict to the state high court, which would force Cahill to delay the Ted Sampsell-Jones trial. From Mitchell Hamline Law School in St. Paul.
But if Chauvin does not appeal, the professor added, “then Judge Cahill will certainly reinstate the accusation at the third degree,” and jury selection can still begin on Monday, with further decisions on the matter. With additional costs before the dispute opens by March 29.
Counting reinstated third-degree murders increases the chances of a murder conviction. Floyd’s family originally called for a first-degree murder charge and was more likely to be outraged if Chauvin was not found guilty.
Legal experts say reinstating a third degree of homicide to the case could be a strategic move by Minnesota Attorney General Keith Ellison, who led the prosecution to give the jury more chance to convict Minneapolis. Star Tribune reports
The bill could be viewed by a jury as a mediator. It also allows prosecutors to present several theories based on different elements that must be followed in order to convict any related charges. It can also be used as a bargaining chip in plea negotiations, Richard Frase of the Robina Institute for Criminal Law and Criminal Justice told the Minneapolis newspaper.
Cahill can order a hearing this weekend or make an announcement before Monday.
Donald Trump’s Attorney General Bill Barr last year denied a deal that Chauvin pleaded guilty to third-degree murder charges, partly on concerns it would be viewed as too lenient, the New York Times reported last month. The document added that Chauvin wanted to be exempt from the federal civil rights fee following his murder trial.
Minneapolis and the Twin Cities of St. Paul have been preparing for trials by building barricades, fences and barbed wire. Minnesota National Guard officials were alerted, although officials insisted that peaceful protests were permitted.