The attorney for one of the four fired Minneapolis police officers charged in the George Floyd case argues that charges should be dropped against his client, alleging that Floyd overdosed on fentanyl while resisting arrest and contributed to his own death.
The defendant, Thomas Lane, is charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter in connection with Floyd’s death on Memorial Day. Lane, had allegedly held down Floyd’s legs while officer Derek Chauvin pressed his knee into Floyd’s neck. Chauvin is charged with second-degree murder, third-degree murder and second-degree manslaughter in Floyd’s death while the other two officers involved, J. Alexander Kueng and Tou Thao, are facing the same two aiding and abetting charges as Lane.
In July, his defense attorney, Earl Gray, filed a motion to dismiss the charges against the former rookie officer, alleging that there is not sufficient evidence to establish probable cause, FOX 9 reported in Minnesota.
In Monday’s filing, Gray doubled down on the argument that Floyd swallowed drugs while the officers were attempting to take him into custody. He pointed to the disappearance of a white spot on Floyd’s tongue in the body camera video, emphasizing that it appears to be "2 milligrams of fentanyl, a lethal dose."
"Rather than comply with Officer Lane’s reasonable instructions, [Floyd] turns his head away at 20:09:45; at 20:09:48, the white spot is gone," Gray argued.
"All he had to do is sit in the police car, like every other defendant who is initially arrested. While attempting to avoid his arrest, all by himself, Mr. Floyd overdosed on Fentanyl,” the court documents read. "Given his intoxication level, breathing would have been difficult at best. Mr. Floyd’s intentional failure to obey commands, coupled with his overdosing, contributed to his own death."
The Hennepin County Medical Examiner’s autopsy report revealed that Floyd tested positive for fentanyl and methamphetamine as toxicology testing found both substances in Floyd’s system on May 25. However, the county's report ultimately ruled the death as a homicide. The medical examiner found cuts and abrasions over Floyd’s body but no sign of significant or "life-threatening" injury or trauma, except for a cracked rib due to medical workers attempting to resuscitate Floyd at the hospital, also noting that "manner of death classification is a statutory function of the medical examiner" and "is not a legal determination of culpability or intent, and should not be used to usurp the judicial process.” The updated version reports that Floyd experienced a "cardiopulmonary arrest while being restrained by law enforcement officers."
A separate autopsy, released by Floyd's family attorney Benjamin Crump, determined that asphyxia from sustained pressure was the cause of death. The additional autopsy was ordered by Floyd's family, arguing that the county's findings "do not address in detail the effect of the purposeful use of force on Mr. Floyd's neck and the extent of Mr. Floyd's suffering at the hands of police."
Lane’s attorney is expected to present his arguments for dismissing the charges against his client at the next court hearing on Sept. 11.
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