One of the former Minneapolis police officers charged in the death of George Floyd is asking a judge to dismiss the murder charge against him.
Derek Chauvin’s attorney filed court papers on Friday, saying there is no probable cause to support the second-degree murder, third-degree murder, and second-degree manslaughter charges, CNN reports.
Chauvin’s attorney also asked for Hennepin County Attorney’s Office to be disqualified, stating “an inappropriate, pretrial publicity campaign,” according to the documents.
Prosecutors on the case have filed a notice asking for an “upward sentencing departure” in the officers’ cases, though Attorney General Keith Ellison did provide any details on what the request will be, he did tell the judge that he has reason to go beyond the “sentencing guidelines grid.” The grid is used in Minnesota to factor in a convicted person’s past criminal history to determine sentencing.
“Mr. Floyd was treated with particular cruelty,” prosecutors said in the filing.
Floyd died when Chauvin knelt on his neck for almost eight minutes, sparking national outrage and protests against racism and police brutality across the nation. Three other officers have also been charged for his death.