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

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, 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 yesterday, found probable cause for Chauvin to be tried on one count of unintentional second-degree murder and one count of second-degree manslaughter. 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.

Second-degree murder charge

On the second-degree murder charge, prosecutors presented probable cause to show Chauvin’s actions were a “substantial causal factor” in Floyd’s death, and that he was committing or attempting to commit another felony at the time, in this case, assault, Cahill wrote.

He said prosecutors do not need to show Chauvin’s actions were the sole cause of Floyd’s death, and the facts offered by prosecutors so far are enough to present to a jury, which will determine Floyd’s cause of death. He also said Chauvin’s decision to continue kneeling on Floyd’s neck after he went silent and motionless, and to ignore cries from bystanders, “is strong evidence of Chauvin’s intent to inflict bodily harm”.

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 the person who died, Cahill said.