George Floyd killing: Derek Chauvin faces additional third-degree murder charge

George Floyd's death sparked an eruption of anger over police brutality in the United States

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A former police officer on trial over the death of George Floyd in Minneapolis will face an additional charge of third-degree murder in a victory for prosecutors who hoped to boost their chances of securing a conviction.

Derek Chauvin, 44, who was filmed kneeling on Mr Floyd’s neck for almost nine minutes last May, is already charged with second-degree murder and manslaughter charges which carry a maximum sentence of 40 years.

With third-degree murder, prosecutors need only show that Mr Floyd’s death was caused by an act that was obviously dangerous but not necessarily a felony, a lower bar than second-degree, offering an extra path to a conviction should the jury find the evidence does not support the most serious charge. Third-degree murder carries a sentence of up to 25 years in prison.

The third-degree murder charge was dropped by the presiding judge last year, but reinstated on Thursday at the request of the prosecution in light of an appeals court ruling.

"I have to follow the rule that the court of appeals has put in place," Judge Peter Cahill said as he announced his decision.

Mr Chauvin’s trial is one of the most closely watched in recent years, after footage of his arrest of Mr Floyd, an unarmed black man who was pinned to the ground until he became immobile, provoked an international response.

The outrage over Mr Floyd’s death became a touchstone for one of the largest demonstrations against racial inequality and police brutality ever seen in the US, with his last words "I can’t breathe" becoming a rallying cry for protests across the country.

Mr Chauvin’s lawyers had successfully argued the third-degree murder charge should be dropped on the basis that the statute requires the “death-causing act” not be directed at a single individual. It is often used in instances where someone uses deadly force against a crowd of people, for example.

But the Minnesota Court of Appeals recently ruled in a separate case involving a police killing that third-degree murder could be applied even if the “death-causing act” is directed at a specific person. The court ruled that this precedent binds the Minneapolis district court where Mr Chauvin’s trial is being held.

The ruling on Thursday allowed jury selection to resume in the case. Five jurors have been seated after just two days of screening by lawyers and the judge, who has set aside at least three weeks to fill the panel.

The prosecution and defence have given considerable attention to the jury pool’s attitudes toward police in the first two days of questioning to determine whether they are more inclined to believe testimony from law enforcement over evidence from other witnesses in the case.

Opening arguments in the case are expected to begin on March 29th.