Thomas Lane, the former Minneapolis police officer who held George Floyd’s legs while Derek Chauvin kept his knee pressed to Floyd’s neck, wants his charges dismissed.
Lane's attorney, Earl Gray, on Tuesday filed a motion to dismiss Lane’s charges. The fired officer is charged with aiding and abetting Chauvin, who has been charged with second-degree murder and manslaughter in Floyd’s death, which sparked nationwide protests against racial inequality and police brutality.
Gray submitted a series of transcriptions and other evidence in the case to support the motion to dismiss the charges. Two of the transcripts provided were from body-worn cameras and further document the moments before Floyd’s death, which has been ruled a homicide. Another transcript was from an interview the Minnesota Bureau of Criminal Apprehension, conducted with Lane while Gray was present.
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In his motion, Gray included bodycam footage from Lane and J. Alexander Kueng, another of the officers charged with aiding and abetting, as well as transcripts from footage from both cameras.
The transcript from Lane’s body-worn camera provides additional details from the scene. Lane was one of the first two officers to respond to a call about someone allegedly using a fake $20 bill. Lane pulled his gun on the car Floyd was in and Floyd said, “Please don’t shoot me, Mr. Officer,” according to the transcript.
Lane said he thought Floyd was “on something,” according to the transcript.
Later, after Floyd repeated he couldn’t breathe while Chauvin had him pinned to the ground, Chauvin told him to stop talking. When Floyd said, “You’re going to kill me, man,” Chauvin replied, “Then stop talking, stop yelling. It takes a heck of a lot of oxygen to talk.”
The transcripts further confirm details made evident in probable cause affidavits released with charges were filed against the four officers in the case.
Lane asked Chauvin to roll Floyd on his side — twice — but Chauvin refused.
Lane held Floyd down by his legs.
At multiple times, Floyd said he couldn’t breathe.
"Despite his comments, the defendant took no actions to assist Mr. Floyd, to change his position, or to reduce the force the officers were using against Mr. Floyd," a criminal complaint against Lane states.
In the interview with BCA, Lane answered questions about, among other things, his training leading up to the day of Floyd’s death. He included Chauvin was the field training officer (FTO) for Kueng, who has also since been fired and charged for his involvement in the Floyd case.
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Lane said Chauvin also advised him from time to time prior Floyd’s Memorial Day death.
During the interview, Lane said he was “basically going off (Chauvin’s) experience” at the scene, since Chauvin was the more experienced officer. According to Gray's filing, Lane had been on the job four days before Memorial Day after completing four months with the police academy, then an additional "four-plus months" with FTOs.
Lane also said EMS asked him to perform CPR after they arrived and put an unconscious Floyd into an ambulance. Lane started chest compressions, though he eventually left the ambulance and went back to the scene, he said.
Lane said he felt Floyd was having a medical emergency while Chauvin kept a knee pressed to Floyd’s neck. When Lane was asked by investigators if he felt he contributed to Floyd’s death, Gray told Lane not to answer.
Gray also provided photos of what he called two counterfeit $20 bills and two $1 bills "lodged between the center console and the passenger seat" in his motion to dismiss the charges against Lane.
Lane, along with the other three officers charged in the case, is scheduled to appear in court Sept. 11.
"Lane did not intentionally aid, advise, hire, counsel, or conspire with Chauvin or otherwise procure Chauvin to commit second degree murder," Gray wrote in the motion.
"Lane did not encourage any alleged criminal actions of Chauvin. He did not know and had no reason to believe that a third degree assault was being committed, and he certainly did not intend his actions (restraining his legs/feet) to further a crime."
This article originally appeared on USA TODAY: Thomas Lane, ex-cop who held George Floyd's legs, wants case dismissed