A decision to drop the third-degree murder charge against ex-Minneapolis agent Derek Chauvin for the death of George Floyd in police custody was overturned by an appeals court on Friday, a report said.
The turnaround could delay the trial of the former officer, who is already dealing with second-degree murder and manslaughter, an NBC-TV partner reported.
The case is scheduled for selection by the jury on Monday, and the trial is expected to begin on March 29 at the earliest.
The Minnesota Court of Appeals ruled that Hennepin County Judge Peter Cahill had made a mistake when he refused prosecutors’ request to reinstate the lesser assassination attempt. The appeals court returned the case to Cahill for reconsideration, the outlet reported.
Chauvin’s defense team could now appeal the decision to the Minnesota Supreme Court – the highest court in the state – that could delay the trial, the report said.
Cahill dropped the third-degree murder charge in October, a rap prosecutors sought to reinstate to give jurors more options in case they struggled to convict based on the tougher second-degree indictment.
The 44-year-old cop was fired after a viral video knelt him on Floyd’s handcuffed neck for nearly nine minutes. Floyd’s death on May 25 sparked a wave of protests against police brutality and social injustice across the country and the world.
Three other former Minneapolis police officers are also awaiting separate trials for their alleged involvement in Floyd’s death.
A criminal defense attorney for Chauvin has not responded to a request for comment.
