By WCCO-TV

MINNEAPOLIS (WCCO) — Attorneys for a former Minneapolis police officer charged in the death of George Floyd have filed an opposition to the prosecution’s motion to reinstate a third-degree murder charge in the case.

The state’s motion to reinstate the charge against Derek Chauvin came in the wake of a Minnesota Court of Appeals decision upholding the third-degree murder conviction of the former Minneapolis police officer who shot and killed Justine Ruszczyk Damond, Mohamed Noor.

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In a memorandum submitted to the court Monday, Chauvin’s defense argues that the appellate court’s decision on Noor should not be considered precedential because it is not yet final. Noor and his attorneys have 30 days from the decision to petition the Minnesota Supreme Court to review the case, the memorandum states, so the earliest the Court of Appeals’ decision could be considered “final” would be March 3, and it may be well beyond that should Noor petition the state Supreme Court.

The defense also argues Noor’s case differs from Chauvin’s. The memorandum states: “The defendant’s actions in Noor were the type of wanton and reckless behavior, evincing a depraved indifference to human life, that the third-degree murder status encompasses.”

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It goes on: “Mr. Chauvin’s actions were neither wanton nor reckless, evinced no knowledge that someone may have been killed, were directed toward no one but Mr. Floyd and could not have resulted in harm to any person other than George Floyd.”

Chauvin’s defense is asking the court to deny reinstating the original third-degree murder charge or adding a new charge.

The state’s motion also seeks to amend the complaints against officers Tou Thao, J. Alexander Kueng and Thomas Lane.

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Chauvin is currently charged with second-degree murder and manslaughter, and the other three officers are charged with aiding and abetting murder and manslaughter.