Update:
On Thursday morning the judge in the Derek Chauvin case has officially decided to reinstate the third-degree murder charge. The charge was originally implemented in the immediate days following the death of George Floyd. The charge was dropped in October of 2020 because the judge decided that it was not relevant to the case. After the court of appeals ruled to consider the charge again, Judge Peter Cahill decided to reinstate the charge. Chauvin, if found guilty, now faces 40 years in prison for unintentional second-degree murder, 25 years for third-degree murder, and 10 years for second-degree manslaughter.
MINNEAPOLIS — Jury selection in the murder trial of former Minneapolis police officer Derek Chauvin began on March 9th. Monday the Jury selection process was postponed after the court debated whether to add a third-degree murder charge to the case. There has yet to be a decision on the matter, and jury selection will continue uninterrupted today unless a court of appeals steps in. Derek Chauvin is currently facing a second-degree unintentional murder charge, as well as a second-degree manslaughter charge in the death of George Floyd. George Floyd died in handcuffs on the pavement as Chauvin’s knee was on his neck for more than 9 minutes, sparking nationwide protests starting in May of 2020. It is unclear whether Chauvin’s charge will be changed to third-degree murder as of today. The distinction between second and third-degree murder is important in this case and will likely influence the outcome of the trial. The difference between the two charges lies mainly within the intent of the defendant. In Minnesota, second-degree murder has two separate variations, being intentional and unintentional, the latter of which, Chauvin is charged with. Second-degree unintentional murder states that the defendant “caused the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim…” Third degree murder is defined in Minnesota law as killing somebody “without intent to effect the death of any person, causing the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life.” This charge is historically reserved for drug dealers who are unknowingly killing people by selling dangerous products. The charge requires a lower burden of proof and may be instrumental in getting a conviction. Critics of a third-degree charge being added to the case point to the vague definition of having a “depraved mind”. The maximum sentence for third-degree murder is 25 years in Minnesota, while the maximum sentence for second-degree unintentional murder is 40 years.
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