Could Derek Chauvin’s Charges Be Dropped on September 11th?


Defense attorneys have filed a motion to dismiss charges based upon toxicology and unfounded allegations that Floyd ingested Fentanyl while under arrest. The chances he walks are slim but there is no telling with the U.S. Criminal Justice System.

By Roland T. Flakfizer

Derek Chauvin brutally murdered George Floyd by kneeling on his neck for more than 8 minutes. Yet that is not stopping his defense attorneys from ascribing blame to Floyd.

The lawyer for Minneapolis Police Department officer Derek Chauvin, defense Attorney Eric J. Nelson is claiming the late George Floyd died as a result of an overdose as opposed to officer homicide. Chauvin was charged with the murder of Floyd after video surfaced showing Chauvin kneeling on his kneck for a a horrific period of time. Chauvin has pleaded not guilty.

Last Friday, Nelson filed a motion requesting the judge release Chauvin from all charges.

Attorneys claimed bodycam footage shows Floyd ingested a lethal amount of Fentanyl in order to hide it from officers.

According to a Monday news report from ABC, attorneys filed the motion in Hennepin County, Minnesota, District Court last Friday. The motion claims that the prosecution has not demonstrated probable cause and that the second-degree unintentional murder, third-degree murder, and second-degree manslaughter should be all together dropped.

In the filing, Nelson contends that Chauvin carried out Floyd’s arrest using established protocol and deployed the “Maximal Restraint Technique.” Nelson cynically claims Chauvin and the other responding officers were attempting to assist Floyd  who they say was acting capriciously during the arrest.

The filing also included details from the autopsy on Floyd which showed fentanyl and methamphetamine in Floyd’s system. An array of other common illnesses were rattled off to support the theory that Floyd died of something other than Derek Chaivin’s restraint method. Floyd suffered from hypertensive heart disease as well as arteriosclerosis and hypertension. These are of course common in men over 40. The report also noted Floyd was positive for COVID-19 at the time of his death.

“Put simply, Mr. Floyd could not breathe because he had ingested a lethal dose of fentanyl and, possibly, a speedball,” the motion says. “Combined with sickle cell trait, his pre-existing heart conditions, Mr. Floyd’s use of fentanyl and methamphetamine most likely killed him. Adding fentanyl and methamphetamine to Mr. Floyd’s existing health issues was tantamount to lighting a fuse on a bomb.”

Judge Peter Cahill will address Nelson’s motion in a September 11th hearing.

The reasons these motions are erroneous are many. First and foremost, there is nationwide legal precedent underscoring that killers ‘find their victims as they are.’ Simply said, it is well-established legal doctrine that “the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them.” This is commonly known as the ‘Eggshell Skull’ doctrine. Secondly and perhaps most importantly, Floyd is seen repeatedly asking for help and complaining of breathing difficulties PRIOR to his restraint. This means despite knowing Floyd was potentially ill, Chauvin chose to deploy the “Maximal Restraint Technique ” to someone who was complaining of life threatening conditions. 


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