The article also included this statement
“They also asked that Attorney General Keith Ellison, who has taken over the case, pursue a first-degree murder charge against Chauvin.
Ellison can upgrade the most serious charge to second-degree murder, but a first-degree count would have to come from a grand jury.”
If he upgrades it to 1st degree Murder he’d have to prove that Chauvin pre-conceived, and pre-planned the murder of Floyd that day, and that would be impossible to prove.