Derek Chauvin, 44, requested that his murder charges in the death of George Floyd be dismissed on Friday.
Derek Chauvin, the former Minneapolis police officer accused of killing George Floyd, has requested a judge dismiss the murder charges as prosecutors push for longer prison sentences than normally called for with these charges.
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On Friday, an attorney for Chauvin filed a motion in court that argued there was no probable cause to support the second-degree murder, third-degree murder and second-degree manslaughter charges pinned to his client.
The motion claimed that Floyd’s death was caused by drugs in his system, not Chauvin pressing his knee into Floyd’s neck for an extended period.
MR. FLOYD OD’D?
If you read the autopsy, the evidence points to a possible, perhaps likely, drug overdose.
The filing also noted Floyd’s pre-existing conditions and argued that Chauvin did not realize Floyd couldn’t breathe properly
A viral video showed Chauvin kneeling on Floyd’s neck for eight minutes and 46 seconds during an arrest
He was charged with murder and manslaughter in June.
Officers J. Alexander Kueng, Thomas Kiernan, and Tou Thao were charged with aiding and abetting.
State prosecutors on Friday revealed their intentions to ask for longer prison sentences for all four men.
The family commissioned an autopsy by Dr. Michael Baden, a TV doctor-for-hire. He said that George Floyd died from asphyxiation. The medical examiner, Dr. Baker said there is no evidence of asphyxiation.
Dr. Andrew Baker had told prosecutors that the level of fentanyl of Floyd’s system would be enough to categorize his death as an overdose.
“If [Mr. Floyd] were found dead at home alone and no other apparent causes, it would have been acceptable to label his death an overdose,” the motion said, reports WSJ.
The motion filed on Chauvin’s behalf also declared that Chauvin had assumed Floyd was simply resisting arrest and did not realize he could not breathe, despite Floyd saying so several times.
“What Mr. Chauvin saw was a strong man struggling mightily with police officers, which seemed contradictory to Mr. Floyd’s claims about not being able to breathe,” it said.
Then officer Chauvin kept his knee on Mr. Floyd’s neck for almost nine minutes. How much pressure he exerted has not been revealed, if known. It wasn’t enough to asphyxiate him.
THE UNDERLYING CONDITIONS
“Mr. Chauvin could not have known about Mr. Floyd’s underlying issues when he arrived on the scene.”
Additionally, Chauvin’s attorney cited Dr. Baker’s remarks that he had found no physical evidence of asphyxiation with Floyd.
He instead listed the death was “cardiopulmonary arrest complicating law-enforcement subdual, restraint, and neck compression.”
The defendants added to the motion that the medical examiner found no bruising on Floyd’s back or neck, which they argued showed Chauvin had not meant to harm him.
Briton, what do you base your expertise on? Emotion?
On being a Democrat.
that is a great response Mike C. I love it.
Chauvin is a cold blooded, sadistic murderer in blue.
Anyone thatt sides with him is complicit.
I’m complicit. George Floyd was a scumbag. He OD’d. End of story. Chauvin wasn’t applying pressure to scumbag’s neck.
Anyone with such an irrational, uninformed position is an idiot.
When I first saw the video I was quite disturbed. On the second viewing I wasn’t so sure. At first I wasn’t aware Chauvin was wearing a dark glove. Careful watching indicates Chauvin wasn’t putting a great deal of pressure on Floyd’s neck, in fact, Floyd turns his head side to side without all that much effort. It also appears Chauvin’s weight transfer is mostly to the rear, rather than forward which would apply more pressure onto Floyd. One thing is for certain. Floyd’s behavior during the encounter shows a level of paranoia that is abnormal and unnatural. So, I haven’t been convinced this was a case of murder, or even with negligence attached.
Floyd was dead on his feet…..this nitwit Chauvin just became the patsy. These progressive DA
s dont understand the damage they do when they overcharge and then people walk. Minnesota and many major cities will burn when these wrongly charged people get off.Chauvin is no nitwit, if you would follow the matter, listen to the video, understand the police training, he was OK.
The only criminals in this case is the DA and his handpicked “grand jury” who choose to indict Officer Chauvin in the face of video evidence he was clearly using legally approved force to restrain a violent felon filled with cocaine, meth and drugs. No crime was committed here other than by the 7 times convicted “St.” George. Chauvin’s case should be dismissed with prejudice and Chauvin awarded a substantial sum for the illegal incarceration and permanent and irreversible damage to his career and reputation. The DA, his/her agents and the so-called :”grand jury” are terrorists carrying out the intimidation and suppression of our rights and need to be targeted not just in the courts but in the street as well. They are the lowest form of scum and vermin and must be “fumigated” (using Pelosi’s terminology when referring to President Trump). These thugs dressed in suits and ties must be rendered incapable of carrying out their own form of terrorism “law war” by any means possible. .
Amen.