The 3rd degree murder charge in the killing of George Floyd against Derek Chauvin has been dismissed.
Judge Peter Cahill released his rulings this morning that he was dismissing the 3rd degree murder charge, but he denied dismissing the 2nd degree murder charge against Chauvin.
In Minnesota, second degree murder is defined as causing death intentionally and comes with a maximum penalty of 40 years. Third degree murder is defined as unintentionally causing death, comes with a maximum of 25 years.
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The 2nd degree charge came after Attorney General Keith Ellison took over the case from Hennepin County Attorney Mike Freeman, who was criticized for filing the lesser third degree charge. Ellison says that this ruling is important in getting justice for George Floyd.
“The court has sustained eight out of nine charges against the defendants in the murder of George Floyd, including the most serious charges against all four defendants. This means that all four defendants will stand trial for murder and manslaughter, both in the second degree. This is an important, positive step forward in the path toward justice for George Floyd, his family, our community, and Minnesota. We look forward to presenting the prosecution’s case to a jury in Hennepin County."
George Floyd's family attorney Ben Crump says that he is confident that the justice he is looking for will be served.
“We are gratified that the court preserved eight of the nine charges against Derek Chauvin, including the more serious second-degree murder charge for which we expect a conviction, based on the clear and evident use of excessive force that we all saw on video. We will continue to fight for justice in the civil courts and will advocate both for justice in the criminal system and for meaningful police reforms. The family of George Floyd has confidence that Minnesota Attorney General Keith Ellison will make sure that the officers are held accountable to the full extent of the law based on the evidence that we witnessed on that video tape.”
Judge Cahill also denied the motion to dismiss the aiding and abetting charges against the three other former Minneapolis Police officers who were involved.
Cahill has yet to decide on other issues, including if the trial should be moved and if the officers should be tried together or separately.
This is a breaking story. Check back for more details as they become available.