The jury selection in Chauvin’s trial on charges of second-degree unintentional murder and second-degree manslaughter begins Monday. He had been charged with third-degree murder, but that count was dismissed by a judge in October.
The former officer pleaded not guilty. It is unclear what impact the ruling could possibly have on the start date of the trial.
Chauvin’s attorney Eric Nelson declined to comment to CNN about the appeal court’s decision.
Judge Michelle Larkin of the Court of Appeal wrote to the district court ‘wrongly to conclude that she was not bound by the principles of law set forth in Noor and by denying the motion of the state to reinstate the charge of third degree murder on that basis. ‘
“Therefore, we are reversing the order of the district court and making a pre-trial detention to the district court to reconsider the state’s motion to reinstate the third degree murder charge in light of the precedential opinion of this one. court in Noor, “Larkin wrote before the panel of three judges.
In a statement to CNN, Ellison said, “We believe the Court of Appeal has correctly resolved this matter. We believe the charges of third degree murder, in addition to manslaughter and felony, reflect the seriousness of the charges against Mr. Chauvin. “
In October, Peter Cahill, Judge Peter Cahill of the Hennepin District Court, dropped the third-degree murder charge against Chauvin and ruled that the charge “ can only be upheld in situations where the defendant’s actions ” were extremely dangerous for other persons’ and did not specifically target the particular person whose death occurred. “
The evidence presented by the state did not show that Chauvin’s actions were “extremely dangerous” to anyone other than Floyd, the ruling said.
Floyd, a 46-year-old black man, died on May 25 after Chauvin knelt on his neck for nearly eight minutes when Floyd told Chauvin and three other officers that he couldn’t breathe.
Those three former officers – Thomas Lane, J. Alexander Kueng and Tou Thao – are charged with complicity in second-degree murder and of complicity in second-degree murder.
They are expected to face trial this summer. All four ex-officers have been released on bail.
Noor was sentenced to 12½ years in prison by Judge Kathryn Quaintance in June 2019 for fatally shooting a woman while answering her 911 call.
He was convicted of third-degree murder and second-degree murder in the death of Justine Ruszczyk.