The 3rd Degree Murder Charge Is Back in Play in the Chauvin Case

The Minnesota Supreme Court refused to review the Court of Appeals decision overturning Judge Cahill’s ruling to exclude the 3rd degree murder charges Simply put, Murder 3 is back in play.

So, what exactly is the charge and what does it mean?

According to the original complaint, the 3rd degree charge looked like this:

Charge: Third Degree Murder - Perpetrating Eminently Dangerous Act and Evincing Depraved Mind
Minnesota Statute: 609.195(a)
Maximum Sentence: Imprisonment of not more than 25 years.

Offense Level: Felony
Offense Date (on or about): 05/25/2020 Control #(ICR#): 20200338

Charge Description: That on or about May 25, 2020, in Hennepin County, Derek Michael Chauvin caused the death of another, George Floyd, by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life.

As we look at the charge itself, what the State will have to prove beyond a reasonable doubt is essentially that:

• Derek Chauvin caused the death of George Floyd

• He did it in Minneapolis, Hennepin County, Minnesota

• Mr. Chauvin’s act was not intentional

• Mr. Chauvin’s act was imminently dangerous

• Mr. Chauvin had a depraved mind and without regard for human life.

An example of this would be to shoot into a moving train. The idea is that shooting into a train of people could easily result in a death even if the shooter didn’t specifically intend it. Doing this would also be imminently danger and clearly without regard for human life.

The sentencing guidelines in Minnesota for this charge are a presumptive 150 months (middle of the box). If convicted, this number could be higher or lower. It really is somewhere between the 2nd degree unintentional murder charge and the manslaughter charge. This will also expand how both the prosecution and defense handle their cases, especially with a lot low the lay witnesses.

Jack Rice is a former prosecutor, Board Certified Criminal Law Specialist and Criminal Defense Attorney. For a free consultation, contact Jack Rice Defense.