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Judge dismisses 1 charge against former cop in Floyd’s death

George Floyd (left) and Derek Chauvin. Chauvin, a former police officer, has been charged with murder and manslaughter in the death of Floyd.

A Minnesota judge has dismissed a third-degree murder count filed against the former Minneapolis police officer who knelt on the neck of George Floyd, but the more serious second-degree murder charge against Derek Chauvin remains.

Posted: Oct 22, 2020 9:36 AM
Updated: Oct 22, 2020 10:01 AM

MINNEAPOLIS (AP) — 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, but the more serious second-degree murder charge remains.

Hennepin County District Judge Peter Cahill's ruling was dated Wednesday and made public Thursday. Cahill said there was enough probable cause for the second-degree murder charge and manslaughter charge against Derek Chauvin to proceed to trial. Cahill also denied defense requests to dismiss the aiding and abetting counts against three other former officers, Thomas Lane, J. Kueng and Tou Thao.

“In this court's view, with one exception, the State has met its burden of showing probable cause that warrants proceeding to trial against each of these Defendants on each of the criminal charges the State has filed against them,” Cahill wrote. He said it will be up to a jury to decide whether the officers are guilty.

Floyd, a Black man who was in handcuffs, died May 25 after Chauvin, who is white, pressed his knee against Floyd’s neck as Floyd said he couldn’t breathe and became motionless. His death sparked protests in Minneapolis and beyond, and led to a nationwide reckoning on race.

Prosecutors argued there was probable cause for the officers to go to trial on all of the charges, saying Chauvin intentionally assaulted Floyd, which is an element of the second-degree murder charge, and that the other officers assisted.

During the entire time that Floyd was pinned to the ground, “the officers remained in the same position: Chauvin knelt on Floyd’s neck, Kueng and Lane remained atop Floyd’s back and legs, and Thao continued to prevent the crowd of concerned citizens from interceding,” prosecutors said.

The officers ignored Floyd’s pleas to stop, cries from the concerned crowd, and their own training, prosecutors said.

Defense attorneys argued that there was not enough probable cause to charge the former officers. Chauvin’s attorney said his client had no intent to assault or kill Floyd, while attorneys for the other officers argued that their clients did not intend or conspire to help Chauvin.

Defense attorneys said Floyd’s drug use was a factor in his death, with Chauvin’s attorney, Eric Nelson, saying Floyd most likely died of “fentanyl or a combination of fentanyl and methamphetamine in concert with his underlying health conditions.”

The county medical examiner classified Floyd’s death as a homicide, with his heart stopping while he was restrained by police and his neck compressed. A summary report listed fentanyl intoxication and recent methamphetamine use under “other significant conditions” but not under “cause of death.”

According to prosecutors’ notes, Hennepin County Medical Examiner Andrew Baker told prosecutors that absent other apparent causes of death, it “could be acceptable” to rule the death an overdose, based on the level of fentanyl in Floyd’s system. A separate autopsy commissioned for Floyd’s family concluded he died of asphyxiation due to neck and back compression.

Minnesota Coronavirus Cases

Data is updated nightly.

Cases: 318763

Reported Deaths: 3652
CountyCasesDeaths
Hennepin673361116
Ramsey28256505
Anoka22583228
Dakota22414190
Washington14207116
Stearns13976117
St. Louis8991112
Scott859755
Wright795543
Olmsted681134
Sherburne601541
Clay508957
Carver486215
Kandiyohi420522
Rice419237
Blue Earth418016
Crow Wing364034
Otter Tail321723
Chisago315612
Nobles309930
Benton305751
Winona284830
Douglas266837
Mower265823
Polk261224
Morrison233829
Lyon223011
Beltrami219218
McLeod217914
Becker209416
Goodhue208428
Steele19917
Isanti194217
Itasca193923
Carlton191316
Todd182514
Nicollet164026
Mille Lacs157031
Freeborn15546
Le Sueur148811
Cass146010
Brown145715
Waseca139811
Pine13958
Meeker13289
Roseau12194
Martin117420
Hubbard115725
Wabasha10781
Redwood97919
Chippewa9147
Cottonwood8964
Renville89529
Dodge8700
Watonwan8634
Wadena8156
Sibley8004
Rock7889
Aitkin77830
Pipestone74118
Fillmore7240
Houston7134
Yellow Medicine66512
Pennington6638
Kanabec62713
Swift5998
Murray5953
Faribault5732
Pope5531
Clearwater5268
Stevens5243
Marshall5059
Jackson4961
Lake4326
Koochiching3996
Wilkin3925
Lac qui Parle3863
Unassigned38559
Lincoln3651
Norman3537
Big Stone3242
Mahnomen3044
Grant2806
Kittson2298
Red Lake2163
Traverse1491
Lake of the Woods1011
Cook770

Iowa Coronavirus Cases

Data is updated nightly.

Cases: 229327

Reported Deaths: 2395
CountyCasesDeaths
Polk33896336
Linn14340166
Scott1132587
Black Hawk10968137
Woodbury10428129
Johnson964137
Dubuque927491
Story684522
Pottawattamie644070
Dallas641757
Sioux372725
Webster363936
Cerro Gordo359046
Marshall351246
Clinton333844
Buena Vista307314
Muscatine293469
Des Moines291620
Warren283214
Plymouth277142
Wapello257372
Jones233615
Jasper224344
Marion206821
Lee205017
Carroll199922
Bremer196712
Henry18417
Crawford176916
Benton171821
Tama154940
Jackson146513
Washington146215
Delaware144921
Dickinson140311
Boone138311
Mahaska127927
Wright12706
Clay11924
Buchanan118510
Hardin116510
Page11524
Hamilton11429
Clayton11238
Cedar109313
Harrison108630
Kossuth10847
Calhoun10757
Mills10647
Floyd106216
Fayette105610
Lyon10538
Butler10266
Poweshiek99713
Winneshiek98413
Iowa97612
Winnebago93124
Cherokee9014
Hancock8737
Sac8738
Grundy87111
Louisa86818
Chickasaw8664
Allamakee82811
Cass81823
Mitchell8035
Appanoose79912
Humboldt7855
Union7796
Shelby77311
Emmet76824
Guthrie76315
Franklin74321
Jefferson7252
Unassigned6950
Madison6924
Palo Alto6574
Keokuk6157
Pocahontas5644
Howard5619
Osceola5341
Greene5310
Ida50013
Clarke4904
Davis4739
Montgomery47011
Taylor4673
Monroe44712
Adair4418
Monona4402
Worth3690
Fremont3663
Van Buren3615
Lucas3296
Decatur3200
Wayne3027
Audubon3002
Ringgold2202
Adams1712
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