The selection of jurors in the Chauvin case on a second-degree murder and second-degree manslaughter begins Monday. He was charged with third-degree murder, but that point was rejected by a judge in October.
The former officer pleaded not guilty. It is not clear what impact, if any, the decision may have on the start date of the process.
Chauvin’s lawyer, Eric Nelson, declined to comment to CNN on the court’s decision.
Judge of the Court of Appeal Michel Larkin wrote that the district court “made a mistake in concluding that it was not bound by the principles of the law set out in Nur and rejecting the State̵
“We are therefore reversing the district court’s order and leaving the district court to reconsider the state’s request to reinstate the third-degree murder charge in the light of the court’s previous opinion in Nur,” Larkin wrote of the three-judge panel.
In a statement to CNN, Ellison said: “We believe that the Court of Appeal has correctly resolved this issue. We believe that the charge of 3rd degree murder, in addition to manslaughter and crime, reflects the gravity of the charges against Mr. Chauvin. “
In October, Hennepin District Court Judge Peter Cahill dropped the third-degree murder charge against Chauvin, ruling that the charge could be “maintained only in situations where the defendant’s actions are” extremely dangerous to others “and not aimed specifically at a specific person whose death has occurred. “
The evidence presented by the state does not show that Chauvin’s actions are “extremely dangerous” for anyone but 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, while Floyd told Chauvin and three other officers that he could not breathe.
The three former officers – Thomas Lane, J. Alexander Kueng and Tou Tao are charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.
They are expected to stand trial this summer. All four former officers are on bail.
Noor was sentenced in June 2019 by Judge Kathryn Quaintance to 12 years in prison for the fatal shooting of a woman while answering her 911 call.
He was convicted of murder and manslaughter in the death of Justin Ruszczyk.