Minnesota prosecutors ask to reinstate charge in Floyd death

[Yo_Mama_Been_Loggin]

Source: AP

MINNEAPOLIS (AP) — Minnesota prosecutors on Thursday asked a judge to reinstate a third-degree murder count against the former Minneapolis police officer charged in the death of George Floyd, saying an appellate court decision from earlier this week sets legal precedent that shows the count is appropriate.

Derek Chauvin faces trial in March on one count of second-degree murder and one count of manslaughter. Last October, Judge Peter Cahill dismissed a third-degree murder charge, saying that in order to prove that count, prosecutors would have to show Chauvin's intentional conduct was “eminently dangerous to others” and not specifically directed at Floyd.

But on Monday, a three-judge panel from the state Court of Appeals came to a different conclusion when it upheld the third-degree murder conviction against former Minneapolis officer Mohamed Noor, who is serving a 12 1/2-year sentence for the 2017 shooting death of Justine Ruszczyk Damond, an unarmed Australian woman who had called 911 to report a possible sexual assault. In the Noor decision, the panel ruled that a third-degree murder conviction can be sustained even if the action that caused a death was directed at one person.

“Because the decision in Noor is precedential and now provides this Court with clear guidance regarding the elements of third-degree murder, the State respectfully requests that the Court reinstate the third-degree murder charge against Chauvin or, in the alternative, that it permit the State to file an amended complaint that includes this third-degree murder charge,” prosecutors wrote.

Read more: https://www.msn.com/en-us/news/crime/minnesota-prosecutors-ask-to-reinstate-charge-in-floyd-death/ar-BB1doS5Y?li=BBnb7Kz

[BobTheSubgenius]

1. I had never heard of third-degree murder before this case.

It seems awfully narrow and specific. I thought the indicator was for the seriousness of each charge, in which case, the appellations are very intuitive.

It would seem to me that a 1st degree manslaughter case would be close to a slam dunk. The threshold is lower - or the possible background circumstances more broad - than a homicide case, and the sentences are pretty stiff. 15 years and/or a $30K fine, or both.

Of course, you can make the argument that even 15 years is a FAR shorter sentence than George Floyd received.