In court papers, defense attorneys for Chauvin said there is no probable cause to support charges of second-degree murder, third-degree murder, and second-degree manslaughter. They asked a judge to dismiss the murder charges against him, arguing that Floyd’s alleged drug use, not the improper use of force by the officer, was to blame for his death.
Meanwhile, prosecutors said on Friday August 28, that they are planning to seek a harsher sentence for the ex-Minneapolis police officer Derek Chauvin, who is one of four charged for the murder of George Floyd.
According to legal documents obtained by TMZ, Minnesota Attorney General Keith Ellison informed Peter Cahill, the judge in Floyd murder case he will be seeking a harsher sentence for Chauvin, for several reasons.
The Minnesota Attorney General says the murder was “especially heinous” because Floyd was killed in front of children.
In the legal docs, Ellison noted that Floyd was in a “particularly vulnerable” state because he was handcuffed and chest down on the pavement, repeatedly telling Chauvin and the other officers he could not breathe.
Chauvin is facing up to 40 years in prison if convicted of the second-degree murder charge. His former colleagues, J. Alexander Kueng, Tou Thao, and Thomas Lane, are each charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.