According to a report, the decision to drop the charge of the third-degree murder of ex-policeman Derek Chauvin in the police custody of George Floyd was reversed.
The reversal could hear the trial of the former officer, who is already facing second-degree murder and manslaughter, a NBC TV affiliate reported.
The case is set to be heard by a jury on Monday, and the trial is expected to begin early on March 29.
The Minnesota Court of Appeals found that District Judge Peter Cahill erred in Hennepin County in rejecting prosecutors’ request to reinstate the lesser murder charge. The Court of Appeals returned the case to Cahill for reconsideration.
According to the report, Chauvin’s defense team can now appeal to the Minnesota High Court – the highest court in the state – which could delay the trial.
Cahill dismissed the third-degree charge in October, a charge that prosecutors wanted to institute to give judges more options if they struggle to be convicted on the heavier second-degree charge.
The 44-year-old cop was fired after a viral video made him kneel on the handcuffed Floyd’s neck for almost nine minutes. Floyd’s death on May 25 sparked a wave of protests against police brutality and social injustice across the country and the world.
Three other former Minneapolis police officers are also awaiting separate hearings for their alleged involvement in Floyd’s death.
A criminal lawyer for Chauvin did not return a request for comment.
