Chauvin’s attorney filed a motion on Friday that argued there was no probable cause to support the charges.
Former Minneapolis police officer Derek Chauvin has requested that a judge dismiss the murder charges against him stemming from the death of George Floyd.
Chauvin’s attorney filed a motion on Friday that argued there was no probable cause to support the second-degree murder and third-degree manslaughter charges against him.
READ MORE: Chauvin faces harsher sentence for killing George Floyd in front of kids
In stark contrast, prosecutors said on Friday that due to the cruelty of Floyd’s killing, they want more severe sentences than state guidelines recommend if Chauvin and the three other officers involved are found guilty.
On May 25, Chauvin was captured on video kneeling on Floyd’s neck for almost eight minutes, sparking outrage and igniting protests against systemic racism and police brutality all around the world.
The three other officers were charged with aiding and abetting.
According to CNN, prosecutors filed a notice that they will be asking for “an upward sentencing departure” in the cases of Chauvin, J. Alexander Kueng, Thomas Kiernan Lane and Tou Thao.
Attorney General Keith Ellison told the judge he has reason to go beyond “the sentencing guidelines grid” used in Minnesota.
“Mr. Floyd was treated with particular cruelty,” prosecutors wrote. “Despite Mr. Floyd’s pleas that he could not breathe and was going to die, as well as the pleas of eyewitnesses to get off Mr. Floyd and help him, Defendant and his codefendants continued to restrain Mr. Floyd.”
READ MORE: Judge orders release of bodycam video in George Floyd case
According to the filing, Chauvin also wants the Hennepin County Attorney’s Office disqualified because of “an inappropriate, pretrial publicity campaign.”
The other three former officers also filed motions to dismiss, but Judge Peter Cahill has not ruled on any of the requests.
CNN contacted the former officers’ attorneys for a statement, but has not heard back.
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