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One of the former police officers involved in George Floyd's death has filed a motion to dismiss the case. It's here if you want to read it:
http://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12951-TKL/Memorandum07072020.pdf
http://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12951-TKL/Memorandum07072020.pdf
OK, hold your horses, I am going to high-light some of the defendant's arguments. These are arguments only and by highlighting them here I am not saying they are accurate.
The arguments appear to be based largely on available body cams worn by the officers.
When first approached, Lane says he demanded to see Floyd’s hands “at least ten times” while he was still in his vehicle.
When first approached, Lane says he demanded to see Floyd’s hands “at least ten times” while he was still in his vehicle.
The above also claims attempted Floyd attempted to exit the vehicle and when he does exit, he continues to move around until cuffed.
One of the officer notices foam around Floyd’s mouth, and as the officers are walking Floyd to the squad car, he falls.
Floyd tells officers he is claustrophobic and does not want to get in the squad car.
Floyd tells officers he is claustrophobic and does not want to get in the squad car.
The officers attempt to place Floyd in the squad car and he does not want to go.
He says he is going to die, that he can’t breathe and would rather lay on the ground.
He says he is going to die, that he can’t breathe and would rather lay on the ground.
Officer says get him on the ground and prior to placing Floyd on the ground, he says he can’t breathe multiple times.
The brief is a little confusing because it’s organized by body cam vs. what it shows as the whole picture, so the last part of this body cam is this paragraph (clearly the portion where Chauvin has his knee on Floyd’s neck).
During an interview, Lane says he pulled his weapon when Floyd was in his vehicle and would not show his hands but once Floyd put his hands up, he put the weapon away.
(I’m skipping the rest of Officer Lane’s interview as I’d rather focus on the non-testimonial evidence, the body cams.)
Another officer’s body cam also captures the part where Floyd does not want to get into the squad car.
Former officer Lane’s legal argument boils down to that he didn’t know Chauvin was committing a crime and that under the circumstances, they were reasonably justified in restraining Floyd.
