Wednesday's decision by the Minnesota Supreme Court to vacate the third-degree murder conviction against former Minneapolis police officer Mohamed Noor will likely have broader implications for the pending cases against three former officers in George Floyd's death, several lawyers said.
The court ruled that third-degree murder cannot apply when a suspect's actions are directed at a specific person, likely having a domino effect on several pending police prosecutions.
Jurors found Chauvin guilty in April of unintentional second-degree murder, third-degree murder and second-degree manslaughter for killing Floyd in 2020 by kneeling on his neck for more than nine minutes.
"It's crystal clear now that Derek Chauvin cannot be [guilty] of murder three," said Joseph Daly, emeritus professor at Mitchell Hamline School of Law.
Chauvin was sentenced on the second-degree murder count only, listing that as a conviction on his court record while the two lower counts are listed as "no adjudication," or, not convictions. Chauvin is serving 22 ½ years in prison.
Three of Chauvin's former colleagues — J. Alexander Kueng, Thomas Lane and Tou Thao — are charged with aiding and abetting second-degree murder and manslaughter. The Minnesota Attorney General's Office, which is leading the prosecution, wants to add third-degree murder to their pending cases.
It's unlikely now that third-degree murder will be added to those cases, or to the one against former Brooklyn Center police officer Kim Potter, who shot Daunte Wright earlier this year in a traffic stop, some lawyers said. Potter is charged with first- and second-degree manslaughter.
John Stiles, a spokesperson for Attorney General Keith Ellison's office, said they are studying the Supreme Court decision.