Minnesota Attorney General Keith Ellison alleges that a recent appeal decision in the conviction of another former Minneapolis police officer “sets precedential and now gives this court clear guidance regarding the elements of third-degree murder” .
Chauvin is charged with unintentional second-degree murder and second-degree manslaughter in George Floyd’s death in May.
The evidence presented by the state did not show that Chauvin’s actions were “extremely dangerous” to anyone other than Floyd, the ruling said.
Three other former officers involved in the incident – Thomas Lane, J. Alexander Kueng and Tou Thao – are charged with complicity in second degree murder and complicity in second degree manslaughter.
Eric Nelson, Chauvin’s attorney, did not comment on the attempt to redress the third-degree murder charge. CNN tried to reach out to lawyers for the other former officers but has received no response.
Floyd, a 46-year-old black man, died on May 25 after Chauvin knelt on his neck for nearly eight minutes when Floyd said he couldn’t breathe.
Floyd’s final moments were captured on video by police and bystanders, and his death sparked riots and fires in the city, as well as widespread protests against police brutality and racism. All four officers were fired.
He was convicted of third-degree murder and second-degree murder in the death of Justine Ruszczyk.
His attorneys appealed his sentence, and the appeals court upheld the decision earlier this week.
Chauvin will land on March 8, while the trial for Thao, Lane and Kueng will begin on August 23.
The physical limitations of (the courtroom), the largest at the Hennepin County Government Center, make it impossible to meet the physical limitations of Covid-19 in a joint trial involving all four defendants as of March 8, 2021, as The number of attorneys and support. The staff whose parties have now advised the Court are expected to be present at the trial, “Cahill said in a January ruling filed to split into separate trials.