MINNEAPOLIS – Fired Minneapolis police officer Derek Chauvin will again face an additional count of third-degree murder in the death of George Floyd after the judge in his case reinstated the charge Thursday.
Judge Peter Cahill's ruling followed a series of appellate decisions that revived the count before jury selection was to resume.
The reinstatement came after the state Supreme Court on Wednesday rejected a request by Chauvin's defense to review a Court of Appeals ruling that said the judge improperly denied prosecutors' push for reviving third-degree murder. Cahill dismissed the count last fall.
Cahill said Thursday that he is now bound by the ruling, which stems from an earlier decision involving the conviction of ex-Minneapolis police officer Mohamed Noor, which declared that third-degree murder can be applied to acts directed toward a single person.
"I am granting the motion because although these cases are factually different — that is Noor and the case before us — I don't think there is a factual difference that denies the motion to reinstate," Cahill said.
"When the intent is directed at a single person, then third-degree murder may apply," the judge continued. "Single acts directed at a single person fall within the gambit of third-degree … accordingly, I am bound by that."
Adding third-degree murder to Chauvin's case gives jurors the opportunity to convict him on a count sandwiched in between the current charges — second-degree murder above and manslaughter below.
More jurors are about to be seated Thursday and will join the five already tasked with rendering a verdict in the murder trial of Chauvin, charged with killing Floyd last spring, while he was in police detention under Chauvin's knee for more than 9 minutes outside a south Minneapolis convenience store.
Noor's third-degree murder conviction led to his 12-year prison sentence for the 2017 shooting death of Justine Ruszczyk Damond, who called 911 about a possible rape behind her home. Noor was startled when Damond approached his squad and he shot her.
Before Cahill ruled, defense attorney Eric Nelson argued that Chauvin's case is different from Noor's and similar cases because there was no inherently dangerous factor, such as a gun.
"This is not a factually similar case, this is a distinguishable case," Nelson said. "Factually, there is no instrumentality here other than Mr. Chauvin's knee, which is not inherently dangerous."
On Wednesday, two more people were seated during the second day of jury selection, joining three from the previous day.
As it stood heading into Thursday, a woman of color, a Black man and three white men have been selected to judge a former white officer implicated in the death of a Black suspect.
Prospective jurors have been questioned about their knowledge of the case since Floyd's death on May 25, their views on race and criminal justice, their opinions about police and Chauvin in particular, among other topics.
Once there are 14 jurors — two of them will be dismissed and stand by as alternates once deliberations start — . the trial will turn to opening statements, which are scheduled for March 29.
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(Star Tribune staff writers Chao Xiong and Rochelle Olson contributed to this report.)
