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A defense attorney for the fired Minneapolis police officer charged Online Cigarettes Store USA with murder in connection with the death of George Floyd is asking a judge to drop all charges, arguing the 46-year-old man's death was allegedly from a drug overdose and not caused by the officer planting his knee in the back of Floyd's neck.
Defense attorney Eric J. Nelson filed the motion in Hennepin County, Minnesota, District Court on Friday, claiming prosecutors have failed to show probable cause for charging Derek Chauvin with second-degree unintentional murder, third-degree murder and second-degree manslaughter. Chauvin has pleaded not guilty to the charges.
Nelson contends Chauvin acted on his training from the Minneapolis Police Department Newport Cigarettes Shop (MPD) in the use of a "Maximal Restraint Technique" and did so out of concern that Floyd might harm himself or the officers struggling to arrest him.
The Minneapolis Police Department policy on "Maximal Restraint Technique" says it "shall only be used in situations where handcuffed subjects are combative and still pose a threat to themselves, officers or others, or could cause significant damage to property if not properly restrained. "
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Nelson also included Minneapolis Police Department training materials on the proper use of the "Maximal Restraint Technique, " in which photos show demonstrations of officers simulating putting their knee on a handcuffed subject's Cheap Newport 100s cigarettes neck. Nelson argued the training material appeared to contradict a statement made shortly after the incident by Minneapolis Police Chief Medaria Arradondo that he had not seen "anything that says you place your knee on someone's neck when they're facedown, handcuffed. ".