Defense wants charges against Chauvin dropped as prosecutors seek longer sentences for officers in Floyd case

Derek Chauvin, Tou Thao. J Alexander Kueng and Thomas Lane. The four former Minneapolis police officers are charged in the death of George Floyd. (FOX 9)

Defense attorneys have filed a motion for charges against former Minneapolis police officer Derek Chauvin to be dropped as the prosecution argues for longer sentences for all four officers involved in the death of George Floyd in Minneapolis.

In court documents released Friday evening, defense attorneys for Chauvin cite a lack of intent to prove the second-degree murder charge, saying the officers were acting to keep Floyd under control. The attorneys argue that Chauvin followed training when taking Floyd into custody.

At the same time, the prosecution in the George Floyd case is seeking longer sentences for the four fired Minneapolis police officers, according to a court document filed Friday morning.

In the document, prosecutors give five reasons why there should an upward-sentencing departure for Derek Chauvin, J. Alexander Kueng, Thomas Lane and Tou Thao.

The State argues Floyd was "particularly vulnerable" because he was handcuffed while he was restrained by the officers and was treated with "particular cruelty" when he repeatedly said he could not breathe, but continued to be held down.

The prosecution also states the officers abused their position of authority, acted as a group and committed the crime in front of children.

Chauvin is charged with second-degree murder without intent, third-degree murder and second-degree manslaughter. Thao, Lane and Kueng are charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter. 

The next hearing in the case is scheduled for September 11.