Derek Chauvin, the former Minneapolis cop charged in connection with George Floyd’s controversial May 2020 death, could face the third-degree murder charge again if prosecutors seek to indict him, an appeals court ruled Friday.
Chauvin faces charges of murder in the second degree and murder in the second degree; his trial would take place on March 8.
The charges against the defendant originally included third-degree murder, but the judge handling the case had decided to dismiss the charge on the grounds of the defense, which said there was no probable cause.
This Friday, the Minnesota Court of Appeals reversed the judge’s decision, so the prosecution has the power to re-include this charge.
Chauvin faces his own trial, while the other accused police officers will be put on trial together over the summer for precautions related to the COVID-19 pandemic.
Floyd, a black man, died on May 25 after Chauvin placed his knee on his neck to keep him on the ground. The victim pleaded for several minutes that she could not breathe before finally dying, a case that sparked protests against police brutality and racism across the country.
Former officers Thomas Lane, Tou Thao and J. Alexander Kueng are charged with complicity in a second degree murder and complicity in second degree murder.