A successful Appeals Court ruling filed by Keith Ellison last month has brought back a previously dropped charge in the trial over the killing of George Floyd.
As of today, the back and forth fight has finally concluded. "I feel bound by [the Appeals Court] and I feel it would be an abuse of discretion not to grant the motion," Hennepin County District Court Judge Peter Cahill said.
Chauvin’s defense had failed in their attempts to block this move by prosecutors.
This newly reinstated charge is in addition to charges of second-degree murder and second-degree manslaughter for George Floyd’s death.
According to Minnesota law in this case, murder in the third-degree is defined as: "Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years."
Back in October of last year, Judge Peter Cahill dismissed the count of third-degree murder over Derek Chauvin in George Floyd's death.. He said it didn’t apply to the circumstances of the case. But the state, in a motion filed by Minnesota Attorney General Keith Ellison, successfully appealed the ruling after it was used in the trial of former Minneapolis cop Mohamed Noor (charged and convicted with third-degree murder for killing an Australian woman in 2017).
They said there was now “clear guidance” regarding third-degree murder for the court to follow.
According to CNN, the Appellate court Judge Michelle Larkin wrote the court "erred by concluding that it was not bound by the principles of law set forth in Noor and by denying the state's motion to reinstate the charge of third-degree murder on that basis."
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