Former Minneapolis police officer Dereck Chauvin has the court to dismiss murder charges against him in the death of George Floyd.
Chauvin through his attorney told the judge that there is not probable cause to support charges of second-degree murder, third-degree murder, and second-degree manslaughter pressed against him.
George Floyd’s killing sparked protests across the US and around the world against racism and police brutality.
On the other hand, case prosecutors said Floyd’s death was so cruel that they demand strict sentences that the ones recommended by the state guideline if Chauvin and his three co-accusers are found guilty of the crime.
Chauvin was charged with manslaughter after kneeing on Floyd’s neck for almost eight minutes leading to his death.
The three other former officers have been charged with aiding and abetting second-degree murder and aiding and betting second-degree manslaughter.
The prosecutors filed a notice asking for an “upward sentencing departure” in the cases of Chauvin, J. Alexander Kueng, Thomas Kiernan Lane, and Tou Thao.
Attorney general Keith Ellison did not however mention what the request will be but told the judge he has reason to go beyond the “sentencing guidelines grid” used in a convicted person’s past criminal history.
“Mr. Floyd was treated with particular cruelty,” prosecutors wrote as reported by an international media.
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“Despite Mr. Floyd’s pleas that he could not breathe and was going to die, as well as the pleas of eyewitnesses to get off Mr. Floyd and help him, Defendant and his codefendants continued to restrain Mr. Floyd.”
Chauvin was the last suspect of the four officers to file for the case dismissal as the other three had done it earlier.
Chauvin also wants Hennepin County Attorney removed from the case because of what his attorney called “an inappropriate, pretrial publicity campaign,”.
