Tag Archives: third degree murder

Judge grants motion to reinstate third-degree murder charge against officer on trial for George Floyd’s death

By Jonathan Allen and Gabriella Borter

MINNEAPOLIS (Reuters) – A Minnesota judge granted a request by prosecutors on Thursday to reinstate a charge of third-degree murder against Derek Chauvin, the former Minneapolis police officer who is on trial already facing second-degree murder and manslaughter charges.

Judge Peter Cahill’s decision comes after the Minnesota Court of Appeals ruled on Friday that he must reconsider a third-degree murder charge against 44-year-old Chauvin, whose trial got underway with jury selection this week in Minneapolis.

Chauvin already faces a more serious charge of second-degree murder, which carries a sentence of up to 40 years in prison, as well as a charge of second-degree manslaughter.

The reinstatement of a third-degree murder charge was a victory for state prosecutors, who had sought the additional lesser murder charge in part to afford them an extra path to a conviction should the jury find the evidence does not support the most serious charge. The third-degree murder charge carries a sentence of up to 25 years in prison.

Videos show Chauvin, who is white, kneeling on George Floyd’s neck for nearly nine minutes on a sidewalk outside a grocery store on May 25 as the Black man pleaded for his life and then stopped moving. Police were arresting him on suspicion of using a counterfeit $20 bill at the store.

Floyd’s death outraged people around the world and helped fuel one of the largest protest movements ever seen in the United States, with daily demonstrations against racism and police brutality.

(Reporting by Gabriella Borter; Editing by Chizu Nomiyama and Jonathan Oatis)

Minnesota court rules judge must reconsider third-degree murder against former policeman in George Floyd case

By Jonathan Allen and Brendan O’Brien

MINNEAPOLIS (Reuters) – A Minnesota court of appeals ruled on Friday that the judge in the case against Derek Chauvin, who is facing criminal charges for the killing of George Floyd last May, must reconsider a third-degree murder charge against the former police officer.

The trial of Chauvin was due to begin with jury selection in Minneapolis on Monday, though that could be delayed as Judge Peter Cahill of the Hennepin County district court must now weigh again the reinstating of the third-degree murder charge.

Chauvin already faces a more serious charge of second-degree murder, as well as a charge of second-degree manslaughter.

Videos show Chauvin, who is white, kneeling on Floyd’s neck for nearly nine minutes on a sidewalk outside a convenience store on May 25 as Floyd, a Black man, pleaded for his life before becoming motionless. Police were arresting him on suspicion of using a counterfeit $20 bill at the store.

Floyd’s death outraged people around the world and helped fuel one of the largest protest movements ever seen in the United States, with daily demonstrations against police brutality and racism.

Lawyers for Chauvin, who could not immediately be reached for comment, have told the court they intend to argue that Chauvin acted appropriately according to his duties and training as a police officer.

State prosecutors had originally included the third-degree murder charge against Chauvin, under a statute with a complex recent legal history.

Lawyers for Chauvin had successfully argued it should be dropped on the basis that the statute requires the “death-causing act” not be directed at a single individual. But the Minnesota Court of Appeals recently ruled in a separate case that third-degree murder could be applied even if the “death-causing act” is directed at a specific person, and ruled on Friday that this precedent binds the district court.

In its order, the appeals court said Judge Cahill could still consider any additional arguments offered by Chauvin’s lawyers for having the third-degree murder charge dropped.

Three other police officers at the scene face charges of aiding and abetting the murder of Floyd in a separate trial due to start later this year. All four police officers were fired after Floyd’s death.

(Reporting by Jonathan Allen in Minneapolis and Brendan O’Brien in Chicago; Editing by Dan Grebler)

Minnesota ex-policeman faces prison for fatal shooting of Australian woman

FILE PHOTO: Mohamed Noor, center, former Minnesota policeman on trial for fatally shooting an Australian woman, walks into the courthouse in Minneapolis, Minnesota, U.S., April 30, 2019. REUTERS/Craig Lassig/File Photo - RC1DDA04DCD0

By Joey Peters

MINNEAPOLIS (Reuters) – A former Minneapolis police officer faces the possibility of stiff prison time when he is sentenced on Friday for the fatal shooting of an Australian woman nearly two years ago after she had called police to report a possible sexual assault.

In April, Mohamed Noor, 33, was convicted of third-degree murder and second-degree manslaughter for killing 40-year-old Justine Ruszczyk Damond outside her home near Minneapolis.

Australia’s then-Prime Minister Malcolm Turnbull called the incident “shocking.”

After the jury verdict, Hennepin County Attorney Mike Freeman said he expected Noor to face 12-1/2 years in prison for the murder charge and four years for the manslaughter charge.

A sentencing hearing before Minnesota District Judge Kathryn Quaintance began on Friday morning.

Noor, who was acquitted of a more serious charge of second-degree intentional murder, has asked the judge to impose probation during which time he would report to a halfway house-type correctional facility for a week on the anniversaries of Damond’s death and birth.

Citing Noor’s community service, his clean record and his cooperation with the investigation, Noor’s attorneys asked that he be sentenced to at most a year and a day.

“There is no benefit to Mr. Noor or the community that will come from a lengthy prison sentence,” Attorneys Thomas Plunkett and Peter Wold said in a memorandum submitted on Wednesday.

Noor – the first Minnesota police officer to be convicted of murder – and his partner drove to Damond’s home the night of July 15, 2017, to respond to a report she had made of a possible sexual assault. When Damond approached the patrol car, Noor fired through the car window, killing her.

Noor had testified that he shot her in self-defense after he and his partner heard a loud noise.

Minneapolis city officials last month agreed to pay $20 million to settle a civil suit brought by Damond’s family.

(Writing by Peter Szekely in New York; editing by Bill Tarrant, G Crosse and Susan Thomas)