A judge has dismissed a third-degree murder charge against ex-Minneapolis cop Derek Chauvin in the death of George Floyd.
Chauvin, 44, still faces other more serious charges including second-degree manslaughter and second-degree murder in George Floyd’s death, which sparked protests nationwide.
Hennepin County District Judge Peter Cahill granted the motion to drop the third-degree murder charge against Chauvin in a ruling on Thursday.
In the 107-page court ruling, Cahill wrote that there was no evidence the former police officer’s actions were ‘eminently dangerous’ to anyone other than the 46-year-old father.
Under Minnesota law: “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.”
A third-degree charge carries a maximum jail sentence of 25 years.
Cahill wrote that the state had to satisfy three requirements for the charges to stand against Derek Chauvin: proof of George Floyd’s death, proof that Derek Chauvin caused the father’s death, and proof that Chauvin’s intentional conduct was ‘eminently dangerous to other persons’ and done with a disregard for human life.
He said that the evidence did not satisfy the last requirement, writing: “The evidence presented by the State does not indicate that Chauvin’s actions we eminently dangerous to anyone other than Floyd.”
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“More importantly, Chauvin’s actions were of course specifically directed at the particular person whose death occurred, George Floyd, upon whom Chauvin kneeled for more than nine minutes, pressing Floyd’s upper chest area, neck and throat, and face into concrete of Chicago Avenue.point 359 |
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The judge also denied motions to drop charges against the other ex-Minneapolis police officers – J. Alexander Kueng, Thomas Lane, and Tou Thao – who have been charged with aiding and abetting second-degree manslaughter and aiding and abetting second-degree murder.
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