Jury deliberations have begun after the conclusion of closing arguments Monday in the murder trial of former Minneapolis police officer Derek Chauvin related to the May 25, 2020, killing of George Floyd in south Minneapolis. Chauvin faces three charges: second-degree unintentional murder, third-degree murder and second-degree manslaughter. Here's what you need to know about the charges and what prosecutors must prove in order to convict Chauvin.
What is second-degree unintentional murder?
For a conviction of second-degree unintentional murder, the state's prosecutors must show beyond a reasonable doubt that Chauvin caused Floyd's death while assaulting him. This is the most serious charge and carries a presumed sentence in this case of 12 1⁄2 years, according to state sentencing guidelines. However, prosecutors have said they plan to seek an aggravated sentence for Chauvin above recommended guidelines because of the "particular cruelty" shown to Floyd.
What will not be an issue: whether Chauvin intended to kill Floyd. None of the charges require prosecutors to prove the former officer was trying to kill him.
What is third-degree murder?
Initially, Chauvin faced an additional charge of third-degree murder, but Cahill dismissed that charge and denied a request from the prosecution to reinstate it. The Minnesota Court of Appeals ruled March 5 that the judge was wrong to refuse reinstating the third-degree murder charge and sent the case back to Cahill for consideration. After the Minnesota Supreme Court declined to consider an appeal from the defense, Cahill reinstated the charge March 11. It also carries a presumptive sentence in this case of 12 1⁄2 years, according to state sentencing guidelines.
Third-degree murder requires prosecutors to prove that someone caused the death of another "by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life." Legal experts note that the definition of "depraved mind" is murky — as is the legal line between "depraved mind" and the "culpable negligence" standard for manslaughter.
Historically, third-degree murder has been used to prosecute drug dealers who sold deadly products but weren't planning to kill specific individuals. But in 2019, former Minneapolis police officer Mohamed Noor was convicted of third-degree murder in the death of Justine Ruszczyk Damond after she called 911 to report a possible sexual assault in progress in the alley near her house. Noor fatally shot Damond from the passenger seat of a squad car, firing across his partner, who had been driving. The state Court of Appeals narrowly upheld his conviction, and the state Supreme Court will hear the case in June. Noor is currently serving a 10½-year sentence. He is the only police officer ever to be convicted of murder for an on-duty incident in Minnesota.
Explaining his decision to reinstate the third-degree murder charge, Cahill noted that the Noor ruling established a legal precedent that "murder in the third degree applies even if the person's intent and acts are directed at a single person," and therefore the charge could be applicable to the Chauvin case.
What is second-degree manslaughter?
In order to convict Chauvin of second-degree manslaughter, prosecutors must show beyond a reasonable doubt that he was "culpably negligent" and took an "unreasonable risk" with Floyd's life when he restrained him and that his actions put Floyd at risk of death or great harm. Prosecutors do not have to prove that Chauvin's actions intended to cause Floyd's death, only that his actions put Floyd at risk of death or great bodily harm. This charge carries a presumptive sentence of four years.