Minnesota Attorney General Keith Ellison announced Wednesday that he is upgrading the charges against former Minneapolis police officer Derek Chauvin to second-degree murder in George Floyd’s killing and will also be charging the other three former officers involved in the incident.
Former Minneapolis police officer Derek Chauvin had initially been charged with third-degree murder. A third-degree murder conviction would not require proof that the defendant wanted the victim to die but instead would only require a finding that their actions were dangerous and were carried out without regard to human life. Under Minnesota law, first and second-degree murder convictions require proof that the defendant intended to kill. First-degree murder generally requires premeditation, whereas second-degree does not and is most generally associated with crimes of passion or opportunity. A second-degree murder conviction in Minnesota can carry a sentence of up to 40 years, which is 15 years longer than the original charge of third-degree murder.
An amended criminal complaint has been filed, which includes the updated charges against Chauvin. Ellison also warned that “In order to be thorough, this is going to take months. It is better to make sure that we have a solid case, fully investigated, researched, before we go to trial, than to rush it. It will take a while, I can’t set a deadline on that.” In response to questions on past prosecutions of police officers in the US, Ellison acknowledged that no one in the US has successfully prosecuted a police officer for second-degree murder and that only one officer in Minnesota has been convicted of killing a civilian while serving in that role.
Ellison also acknowledged the protests throughout the country and stated that he believes that “Our country has under-prosecuted these matters, in Minnesota and throughout the country,” but also that “We can’t control the past—all we can do is take the case we have in front of us right now, and do our best to bring justice to the situation.”
Drew Evans, the superintendent of Minnesota’s Bureau of Criminal Apprehension, also added that the authorities are in the process of taking the other three police officers involved into custody. Those officers have all now been charged with aiding and abetting second-degree murder as well as aiding and abetting second-degree manslaughter. He stated that “One is in custody, the other two we are in the process of taking into custody and expect them to this afternoon.”
Meanwhile, the protests against systemic racism in law enforcement and the killing of George Floyd have continued for the eighth day across the US. Protests have predominantly been peaceful. Most cities have continued to have few reported incidents of violence or looting. However, some locations have continued to see incidents of violent riots and intense clashes with police forces. Many cities have instituted curfews that remain in place, but many have been openly defied.
