‘Bombshell’ Motion To Dismiss Filed In Derek Chauvin Case

Former Minneapolis police officer Derek Chauvin is making another attempt to overturn his state murder conviction in the death of George Floyd, this time arguing that Minnesota Gov. Tim Walz improperly assigned Attorney General Keith Ellison to prosecute the case.

Chauvin’s attorneys filed a petition Tuesday with the Minnesota Court of Appeals seeking dismissal of the state charges. Their argument centers on the way the prosecution was handled rather than simply revisiting the evidence presented during Chauvin’s 2021 trial.

Chauvin, now 50, was convicted in April 2021 of second-degree unintentional murder, third-degree murder and second-degree manslaughter in connection with Floyd’s death on May 25, 2020. Widely circulated video from the arrest showed Chauvin kneeling on Floyd for more than nine minutes as Floyd was restrained on the ground.

Floyd’s autopsy also documented fentanyl and methamphetamine in his system, along with underlying health conditions. However, the official manner of death was ruled a homicide, and prosecutors successfully argued at trial that Chauvin’s restraint was a substantial causal factor in Floyd’s death.

George Floyd would still be alive if he had only complied with police direction. Body cam footage clearly showed defiance by Floyd, and even when he was finally wrangled into the police car he escaped on the other side. Had he sat in the car, he would still be alive. TRUTH. pic.twitter.com/wB3fd4B1ZV

— Booker (@RealBookerScott) May 25, 2024

Chauvin is serving a state prison sentence of more than 22 years. He also received a federal sentence after pleading guilty to violating Floyd’s civil rights.

The latest petition represents another effort by Chauvin’s legal team to challenge the state conviction. The Minnesota Court of Appeals has rejected previous attempts to overturn the case.

This time, attorney Greg Joseph argues that Walz did not have lawful authority to transfer responsibility for the prosecution to Ellison’s office in the manner that occurred.

Joseph wrote that Walz referred the case to Ellison after the original Hennepin County charges were filed, and Chauvin’s attorneys contend that the attorney general’s subsequent involvement violated Chauvin’s due process rights.

Derek Chauvin was unjustly convicted of murder, therefore he should be freed.

The facts show that he was not the cause of death, nor did he at any time intend for a death to occur. Whatever else he may be, he is not a murderer.

That is the truth.

— Elon Musk (@elonmusk) August 19, 2026

The filing also challenges the decision not to present the murder charges to a grand jury. Chauvin’s attorneys argue that prosecutors effectively made a charging decision that should have been placed before a grand jury for a determination of probable cause.

According to the petition, that alleged failure was serious enough to deprive the trial court of jurisdiction over the amended charges.

“As a result of these several due process violations,” Chauvin’s attorneys wrote, the charges should be dismissed.

Whether the appeals court accepts that argument is another matter. Chauvin was charged through a process that resulted in a jury trial, conviction and multiple rounds of appellate review. His latest filing asks the courts to conclude that the prosecution was fundamentally defective from the beginning because of the way authority over the case was assigned.

The filing has also renewed public debate over Chauvin’s conviction.

Elon Musk weighed in Wednesday, writing on X that he believes Chauvin was “unjustly convicted of murder” and should be released. Musk argued that Chauvin did not cause Floyd’s death and did not intend for him to die.

Those claims remain heavily disputed. At Chauvin’s trial, prosecutors presented medical and eyewitness testimony supporting their position that the restraint used against Floyd contributed substantially to his death. Chauvin’s defense, meanwhile, emphasized Floyd’s drug use, medical conditions and other possible contributing factors.

BREAKING: Derek Chauvin’s attorney seeks dismissal in a new bombshell court filing alleging ‘illegal’ and ‘fraudulent’ conduct by Governor Tim Walz, Attorney General Keith Ellison, and the Hennepin County Attorney’s Office.

Chauvin’s attorney, Greg Joseph, argues a grand jury… pic.twitter.com/baF5VdeDKu

— Liz Collin (@lizcollin) August 18, 2026

Body-camera and other video evidence also showed Floyd struggling with officers before he was restrained on the pavement. At points during the encounter, Floyd said he could not breathe even before he was placed on the ground. Officers repeatedly attempted to get him into a police vehicle, while Floyd appeared distressed and resisted entering the squad car.

Those details became central to the defense argument that Floyd was already experiencing a serious medical crisis before Chauvin restrained him. Prosecutors countered that whatever Floyd’s condition beforehand, Chauvin’s continued use of force after Floyd was handcuffed and no longer responsive played a critical role in his death.

The latest petition does not by itself erase or change Chauvin’s conviction. It asks the Minnesota appellate courts to revisit the legality of the prosecution and determine whether the alleged procedural violations raised by his attorneys are serious enough to require dismissal.

The Western Journal