Chauvin already faced charges of second-degree unintentional murder and second-degree manslaughter. He has pleaded not guilty to all three charges.
The added charge provides prosecutors a third potential pathway to conviction in the closely watched case, which began Tuesday with jury selection at the heavily fortified Hennepin County Government Center.
“The charge of 3rd-degree murder, in addition to manslaughter and felony murder, reflects the gravity of the allegations against Mr. Chauvin,” Minnesota Attorney General Keith Ellison said in a statement. “We look forward to presenting all three charges to the jury.”
Attorneys Ben Crump and Antonio Romanucci said in a statement Thursday night that they are “gratified” the judge has included a third-degree murder charge.
“The trial is very painful and the family needs closure. We’re pleased that all judicial avenues are being explored and that the trial will move forward,” the statement read.
Chauvin was initially charged with third-degree murder in the days after Floyd’s May 2020 death, but Hennepin County District Court Judge Peter Cahill dismissed the count in October, saying it did not apply to this case.
However, an appeals court ruling in February in the case against former Minneapolis Police officer Mohamed Noor opened the door to reinstating the charge against Chauvin, and the state subsequently filed an appeal of Cahill’s ruling.
The Minnesota Court of Appeals ordered Cahill to reconsider the motion to reinstate the charge last week. On Wednesday, the Minnesota Supreme Court refused a request by Chauvin’s attorney to block the appellate court’s decision, clearing the way for Cahill to reinstate the charge.
In court on Thursday, Chauvin’s defense attorney Eric Nelson argued that Noor’s case was factually and procedurally different than Chauvin’s interactions with Floyd, in which he knelt on Floyd’s head and neck area for an extended period. However, prosecutors argued that the judge was bound to follow the appeals court’s precedent in Noor.
Judge Cahill ruled Thursday morning that he accepted the appeals court’s ruling that the opinion in Noor’s case immediately set a precedent, and he ruled to reinstate the charge.
He added that the third-degree murder charge only applied to Chauvin and that the potential to reinstate the charge for the three other officers charged in Floyd’s death will be addressed at a later date.
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