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Appeals court says Derek Chauvin 3rd-degree murder charge should be reconsidered

Added 03-05-21 10:13:02pm EST - “A lower court had previously thrown out the charge and then rejected prosecutors' argument to reinstate it.” - Nydailynews.com

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Posted By TheNewsCommenter: From Nydailynews.com: “Appeals court says Derek Chauvin 3rd-degree murder charge should be reconsidered”. Below is an excerpt from the article.

A Minnesota appeals court ruled Friday that a lower court should reconsider a third-degree murder charge against Derek Chauvin in the killing of George Floyd.

Chauvin’s trial proceedings are set to begin Monday, but could be rescheduled following the Minnesota Court of Appeals decision, the Associated Press reported.

Prosecutors initially charged Chauvin with second-degree murder, third-degree murder and second-degree manslaughter in Floyd’s May 2020 death. Hennepin County Judge Peter Cahill tossed the third-degree murder charge in October.

But in February, prosecutors sought to have the count reinstated. They argued a new Minnesota Court of Appeals ruling provided precedent for third-degree murder applying when deadly force is directed at a single person and not eminently dangerous to others.

In that case, another Minneapolis police officer, Mohamed Noor, fatally shot Justine Ruszczyk Damond while responding to her 911 call in 2017. He was convicted of third-degree murder in 2019 and sentenced to 12 years, 6 months in prison.

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