Floyd family attorney weighs in on police reform debate on Capitol Hill
Lawmakers are set to vote on police reform bills after the deaths of George Floyd and Rayshard Brooks; Floyd family attorney Ben Crump reacts.
George Floyd said “I can’t breathe” more than 20 times during the May 25 arrest that led to his death, but the Minneapolis police officer who was kneeling on his neck responded by saying, "it takes a heck of a lot of oxygen to talk," according to transcripts of body camera video recordings released Wednesday.
"You're going to kill me, man," Floyd said, according to a transcript of former Minneapolis police officer Thomas Lane’s body camera. Lane was one of three officers at the scene with former Officer Derek Chauvin on May 25 when Chauvin restrained Floyd during an arrest by putting his knee to his neck for nearly nine minutes.
"Then stop talking, stop yelling. It takes a heck of a lot of oxygen to talk," Chauvin said to Floyd.
The transcripts were made public Wednesday as part of Lane's request to have the case against him dismissed. Lane's attorney, Earl Gray, said in a memorandum that there isn't probable cause to charge his client, based on all of the evidence and the law.
Gray wrote that it isn't "fair or reasonable" for Lane to stand trial and he is exonerated by the evidence.
Lane was a rookie officer who trusted Chauvin’s lead during the arrest and the decision to restrain Floyd after he started acting erratically and tried to hurt himself, Gray said. He added that Lane suggested twice that Floyd should be rolled onto his side while being restrained but Chauvin refused.
"Lane had no basis to believe Chauvin was wrong in making that decision," Gray wrote.
Floyd also pleaded not to be put in a squad car because he was claustrophobic, the transcripts say. Gray wrote Floyd was "hitting his face on the glass in the squad and began to bleed from his mouth" and the officers planned to restrain him so he couldn't "move and hurt himself anymore." At other times, Floyd appeared cooperative, according to the transcripts.
Lane said Floyd had foam at his mouth and determined he was "on something." Floyd reportedly said he was scared and had been playing basketball.
As officers tried to get Floyd in the police car, he again said he couldn't breathe and told officers "I want to lay on the ground," the transcripts showed.
Gray has also submitted Lane's actual body camera footage but it hasn't been made public yet.
Prosecutors plan to oppose the motion to dismiss Lane's case, according to an attorney general spokesperson.
Chauvin is charged with second-degree murder, third-degree murder and manslaughter. Lane and the other two former officers J. Kueng and Tou Thao are charged with aiding and abetting both second-degree murder and manslaughter. Lane was holding Floyd's legs at the time, Kueng was at Floyd's midsection and Thao was watching nearby bystanders. All four were fired.
Gray included a transcript of Lane's interview with state investigators and police department training materials on restraint holds.
He said prosecutors need to prove Lane was knowingly involved in a crime to be charged with aiding and abetting.
"The decision to restrain Floyd was reasonably justified," he wrote. "Based on Floyd's actions up to this point, the officers had no idea what he would do next - hurt himself, hurt the officers, flee, or anything else, but he was not cooperating."
Lane told investigators it "felt like it maybe could have been handled differently or we should be reassessing what we're doing."
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Kueng said he couldn't find a pulse after he was repeatedly urged by bystanders, the transcripts said. "Huh?" Chauvin answered.
When Floyd was put into the ambulance, Lane performed CPR, according to the transcript.
He told investigators Chauvin wasn't his training officer but he had gone to him for advice. Chauvin had reportedly trained Kueng.
Lane's trust in Chauvin was "reasonable and not criminal" Gray wrote.
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A message left with an attorney for Floyd's family wasn't immediately returned to the Associated Press.
The Associated Press contributed to this report.
