A Minnesota judge on Thursday added an additional murder charge against Derek Chauvin, the police officer on trial for the death of George Floyd.
Mr Chauvin, 44, is already facing charges of second-degree murder and manslaughter in connection with Mr Floyd's 25 May, 2020 death in Minneapolis.
Prosecutors had asked the Hennepin County judge hearing the case to reinstate a third-degree murder charge against Mr Chauvin in the high-profile trial.
Judge Peter Cahill agreed to reinstate the third-degree murder charge on Thursday after higher courts ruled he should do so.
Second-degree murder carries a maximum sentence of 40 years in prison while third-degree murder carries a maximum sentence of 25 years.
Jury selection in the case began on Tuesday and five jurors have been selected for the panel so far. Twelve jurors and two alternates will hear the case.
A video of Mr Chauvin, who is white, kneeling on the neck of Mr Floyd, a 46-year-old Black man, sparked a summer of protests against police brutality and racial injustice across the United States and word.
Mr Chauvin, a 19-year veteran of the Minneapolis police force, has pleaded not guilty.
Opening arguments in the trial are expected on 29 March with a verdict at the end of April.