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Crime

11th Mar 2021

Judge reinstates third degree murder charge on Derek Chauvin

Danny Jones

Derek Chauvin now faces an additional murder charge over the death of George Floyd

It’s been just under a year since the world was shocked by the death of yet another black man at the hands of the American police. His name, 8 minutes and 46 seconds, and the phrase ‘I Can’t Breathe’ will be burned into our memories forever.

Sadly, his name is one of countless others and there is still a mountain of work to be done to get to a place of accountability and progress. The trial and conviction of former Minneapolis police offer, Derek Chauvin is just one step in the right direction.

As per CNN, a judge in Hennepin County (a district within the state of Minneapolis) has ruled that Chauvin should face third-degree murder charges.

This was the initial decision made mere days after Floyd’s death but fellow judge, Peter Cahill, dismissed this count. He deemed that the 46-year-old’s death didn’t fall within the remit of the third degree, i.e. no malice of forethought.

Put simply, Chauvin already faces charges for second-degree accidental murder and manslaughter. However, the aim is to prosecute him under a third-degree murder charge, also referred to as a ‘depraved mind/heart’ murder.

The differences between severity can be confusing sometimes – this blog on the distinctions between degrees of murder is helpful – but it essentially comes down to whether the individual intended to murder the victim.

Whether or not it is a conflation of neglect and intention, the fact remains is that he wilfully leant of George Flloyd’s neck, showing no regard for his wellbeing and ignoring his pleas for help. That is why they are pushing hard to have the charges elevated.

Chauvin is still pleading not guilty and although the trial is set for the 29th of March, this additional charge could see that date delayed even further. Regardless, the ultimate goal is to hold him fully accountable, no matter how long it takes.