3rd-degree murder charge reinstated against former Minneapolis police officer Derek Chauvin

• A judge reinstated a third-degree murder charge against Derek Chauvin in the death of George Floyd.
• An appellate court had ruled that Judge Peter Cahill was wrong to dismiss the charge in October.
• Chauvin is back to facing charges of second-degree murder, third-degree murder, and manslaughter.

Hennepin County Judge Peter Cahill reinstated a charge of third-degree murder against the fired Minneapolis officer Derek Chauvin after the state's highest court decided not to hear an appeal from the defense.

Chauvin, who has been charged with second-degree murder and manslaughter in the death of George Floyd, was initially also charged with third-degree murder. Cahill had dismissed that charge in October.

Because of a recent Minnesota Court of Appeals ruling to uphold a third-degree murder conviction in the 2017 police shooting of Justine Ruszczyk Damond, prosecutors asked Cahill to reinstate the charge against Chauvin. When Cahill denied the request, citing differences between the two cases, the prosecution asked the Court of Appeals to intervene.

The appeals court ruled last week that it was improper for Cahill to deny the request and sent it back, asking him to reconsider. The defense had asked the state's Supreme Court to intervene, but the high court denied the request on Wednesday.

On Thursday morning, after hearing arguments from the defense and prosecution, Cahill reinstated the charge.

Cahill said this decision didn't affect the other three officers charged with aiding and abetting Floyd's killing. They will have a separate trial in August.

Under Minnesota law, someone can be charged with murder in the third degree if, without the intent to kill, they cause the death of another person by an act that is "eminently dangerous to others and evincing a depraved mind," or by providing them illegal drugs that caused them to die.

A charge of murder in the second degree means the person is accused of causing someone's death with the intent to kill but without premeditation, of killing someone while committing a drive-by shooting, or of unintentionally killing someone while committing a felony offense, with some exceptions.

Five jurors have been selected to serve in Chauvin's trial. Jury selection is set to continue through Thursday.