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Judge Dismisses One Charge Against Derek Chauvin

More serious charges in George Floyd case still stand
By Newser Editors and Wire Services
Posted Oct 23, 2020 4:01 AM CDT

(Newser) – A Minnesota judge has dismissed a third-degree murder charge filed against the former Minneapolis police officer who pressed his knee against George Floyd's neck, saying there was not enough probable cause for that count to proceed to trial. The more serious second-degree murder charge against Derek Chauvin remains. Hennepin County District Judge Peter Cahill's ruling, dated Wednesday and made public Thursday, found probable cause for Chauvin to be tried on one count of unintentional second-degree murder and one count of second-degree manslaughter, the AP reports. Cahill also found probable cause to move forward with the aiding and abetting counts against three other former officers, Thomas Lane, J. Kueng, and Tou Thao.

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Hennepin County District Judge Peter Cahill's ruling, dated Wednesday and made public Thursday, found probable cause for Chauvin to be tried on one count of unintentional second-degree murder and one count of second-degree manslaughter. But to prove a third-degree murder charge, prosecutors must show that Chauvin's intentional conduct was "eminently dangerous to others" and not specifically directed at Floyd, Cahill said. "This is not an appropriate case for a third-degree murder charge," he said. All four former officers are scheduled to stand trial in March. (Chauvin was released on bail earlier this month and allowed to leave the state for his own safety.)


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