In court papers on Friday, Chauvin’s attorney says there is no probable reason to support the allegations of second-degree murder, third-degree murder and second-degree murder.
Floyd’s assassination sparked worldwide protests against systemic racism and police brutality.
Prosecutors, meanwhile, said Friday that Flood’s killing was so brutal that they wanted a harsher sentence than recommended by state guidelines if Chauvin and three other officers involved were found guilty.
Floyd died on May 25 after being stabbed in the neck for about eight minutes. Three other former officers are charged with aiding and abetting second-degree murder and aiding and abetting second-degree murder.
All four officers were fired.
The plaintiffs had issued notices that they were Chauvin, j. In the cases of Alexander Cueng, Thomas Kirnan Lane and Tou Thao, the “above sentence departure” will be sought.
Attorney General Keith Ellison did not determine what the request would be, but he told the judge that the reason he went beyond the “sentence guideline grid” used in Minnesota was because of the convicted person’s past criminal history.
“Mr. Floyd was particularly cruel,” the plaintiff wrote. “Despite Mr. Floyd’s plea that he was not breathing and dying, as well as eyewitness requests to get rid of Mr. Floyd and help him, the defendant and his co-defendants continued to restrain Mr. Floyd.”
The state also argues that the case is in dire straits because Flood was particularly weak in handcuffs, and also claims that officers abused their authority.
Earlier, three other former officers had filed for dismissal. Judge Peter Cahill has not yet ruled on any of them.
Chauvin also wants to disqualify the Hannipin County Attorney’s Office fees, as Chauvin’s attorney did because of what he called an “inappropriate, premeditated campaign.” Cahill has denied a similar request from another former official.
CNN Reached the officers’ lawyers for comment but did not hear back.
Omar Jimenez of CNN contributed to this report.
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