Tou Thao — who was caught on camera keeping onlookers back as Derek Chauvin had his knee on Floyd’s neck — filed papers on Wednesday (July 30) saying that he did not know his colleagues’ actions would result in death.
Thao’s attorney Robert M. Paule argued that the prosecutors failed to show that his client “knew former officer Derek Chauvin and others were going to commit a crime and intended his presence or actions to further the commission of that crime.”
Thao’s attorney also says the prosecution failed “to establish by probable cause that Mr. Thao had the requisite mental state for aiding and abetting.” The filing calls for all charges — aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter — to be dropped by his next court hearing on Sept. 11.
Earlier this month, former Minneapolis officer Thomas Lane also filed to have the charges against him dismissed. Attorney Earl Gray said the case against his client should be dismissed based on lack of probable cause, reports USA Today.
Gray also filed transcripts from bodycam footage taken by his client’s camera and the camera of his partner, J. Kueng. Additionally, he filed a transcript of Lane’s interview with state investigators. Gray says that his client asked twice if the officers should turn Floyd over on his side and former officer Chauvin said no.
In the bodycam footage, Lane reportedly asked, “Should we get his legs up, or is this good?” Chauvin replied, “Leave him.” Lane then said, “Should we roll him on his side?” and Chauvin replied, “No, he’s staying put where we got him.” Lane replied, “Okay. I just worry about the excited delirium or whatever.”
Lane is also charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.