The attorney for one of the four former Minneapolis police officers charged in the death of George Floyd is alleging that his client Thomas Lane should be cleared because Floyd overdosed on fentanyl while resisting arrest.
In Monday’s filing, Earl Gray said the disappearance of a white spot on Floyd’s tongue in the body camera video looks like “2 milligrams of fentanyl, a lethal dose.”
“All he had to do is sit in the police car, like every other defendant who is initially arrested. While attempting to avoid his arrest, all by himself, Mr. Floyd overdosed on Fentanyl,” the court documents read. “Given his intoxication level, breathing would have been difficult at best. Mr. Floyd’s intentional failure to obey commands, coupled with his overdosing, contributed to his own death.”
The Hennepin County Medical Examiner’s autopsy report said toxicology testing found fentanyl and methamphetamine in Floyd’s system.
BODY CAMERA FOOTAGE IN GEORGE FLOYD’S FATAL ARREST CAN BE RELEASED, HENNEPIN COUNTY JUDGE HAS RULED
Floyd, a Black man, was killed in police custody in Minneapolis on May 25 after an officer, who was recorded in a bystander’s video, knelt on his neck for nearly nine minutes. Three other officers were at the scene – as witnesses filmed it and, along with Floyd, pleaded with police to let him breathe. He eventually lost consciousness and was later pronounced dead at the Hennepin County Medical Center.
The medical examiner ruled the manner of death a homicide.
Derek Chauvin, the officer seen in the video with his knee on Floyd’s neck, faces charges of second-degree murder, third-degree murder and second-degree manslaughter. Lane, J. Alexander Kueng, and Tou Thao each face charges of aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.
All four were fired from the Minneapolis Police Department after Floyd’s death.
Gray previously filed two body-worn camera videos as evidence to dismiss charges against his client. Lane and Kueng, rookie officers at the time, were the first to arrive at the Cup Foods convenience store after a complaint was made about Floyd allegedly trying to use a fake $20 bill.
The next hearing in the case is scheduled for Sept. 11.
