Judge Dismisses 3rd-Degree Murder Charge Against Derek Chauvin

MINNEAPOLIS, MN — A judge has dismissed the third-degree murder charge against former Minneapolis police officer Derek Chauvin. The prosecution team has time to appeal the decision.

Judge Peter Cahill ruled that there was not "probable cause" to charge Chauvin with third-degree murder. Two other charges remain against Chauvin.

FOX 9 reporter Paul Blume broke the news Thursday morning.

Third-degree murder is describe in the Minnesota statutes as:

(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years

(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.

In a statement Thursday, attorney Ben Crump — the lawyer representing Floyd's family — said he is "gratified" that the court preserved the other charges against Chauvin, "including the more serious second-degree murder charge for which we expect a conviction, based on the clear and evident use of excessive force that we all saw on video."

Chauvin was released in early October from the state correctional facility in Oak Park Heights after posting $1 million in bond.

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Chauvin was arrested by agents from the state's Bureau of Criminal Apprehension May 29. He was charged with third-degree murder, second-degree manslaughter, and second-degree unintentional murder while committing a felony in the death of George Floyd.

Just after 8 p.m. on Memorial Day, police responded to the Cup Foods store on 38th Street and Chicago Avenue South in Minneapolis. In a viral video of the incident recorded by a bystander, Floyd is heard telling officers, "I can't breathe," while being forced down onto the street. He also asks for water.

Bystanders tell Chauvin — who had his knee on Floyd's neck — to get off of him. A second officer — Tou Thao — ordered people to back away from the scene.

Chauvin kept his knee on Floyd's neck even after he went motionless. All four officers who were at the scene were fired the next day and have since been criminally charged.

Thao, Alexander Kueng, and Thomas Lane all face charges of aiding and abetting unintentional second-degree murder and aiding and abetting second-degree manslaughter.

Floyd's death sparked ongoing protests across the globe, demanding police reform and an end to racial injustice.