Why one murder count against Chauvin doesn’t stick

Minneapolis (AP) —Prosecutors fought hard to add a third-class murder to former police officer Derek Chauvin at the death of George Floyd, but only convicted of that crime. You may set up a problematic scenario.

This is because another dismissed Minneapolis police officer convicted of a third-class murder has pending an appeal in the State Supreme Court. If his conviction is overturned, Chauvin’s conviction could also be lowered.

jury Chauvin’s deliberations began on Tuesday on the second day.

Chauvin Indicted for two and three murders Manslaughter. A former white police officer fixed a black man on the pavement for up to 9 minutes and 29 seconds last May. The jury may convict some, none, or all three of Chauvin’s charges.

If the jury admits him to a second-class murder, but agrees that he is guilty of a third-class murder, there is a risk that the murder conviction may not ultimately persist.

Minnesota’s Third-Level Murder Law Interpretation Former Minneapolis police officer Mohammed Noor has been challenged. He was killed after Australian and U.S. dual citizen Justin Ruschik Damond called 911 behind his home to report a possible sexual assault in a 2017 mass shooting. I was convicted.

The problem is the short wording of the law. The defendant’s actions must be recognized as “extremely dangerous to others.”

The initial accusations against Chauvin included a third-class murder. However, Judge Peter Kerhill of Hennepin County quoted the phrase “other” (plural) and abandoned the number in October. Chauvin said there was no evidence that Chauvin’s actions endangered anyone other than Floyd.

But then Minnesota February was rejected For the same legal reasons as in Noor, it was ruled that the conviction of a third-class murder could be maintained even if the action that caused the death was directed to only one person.Then Kay Hill Charging resumed Against Chauvin.

However, Noor will bring his case to the Minnesota Supreme Court for discussion in June.

If the Chauvin jury returns after being convicted of only a third-class murder, Chauvin will “apparently be retried on other charges” to protect him from the double crisis. It wasn’t, “said local lawyer Mike Brandt. A person who closely tracks Chauvin’s trial.

And if the Minnesota Supreme Court ruled in favor of Noor, it might help Chauvin abandon his own beliefs, and then Chauvin “basically walks,” Brandt said. Says.

Ted Sumpsel Jones, a professor at Mitchell Hamline School in St. Paul, Minnesota, said that if Chauvin was acquitted of two murders and convicted three times, it would be a “nightmare scenario.” I agreed. After that, he overturned Noor’s belief.

“If the Minnesota Supreme Court overturned the conviction of Noor’s third-class murder, it would almost certainly invalidate Chauvin’s conviction,” said Sampsel Jones.

He said the conviction of one or both of the murders was important, but the acquittal of manslaughter was “strange.”

The sentencing guidelines require four years’imprisonment for manslaughter and twelve and a half years’ imprisonment for each murder.


Find AP’s full coverage of George Floyd’s death: https://apnews.com/hub/death-of-george-floyd