By Associated Press
Lane repeatedly told Floyd to show his hands, and he told investigators he drew his gun at first because Floyd was reaching for something, but holstered it once Floyd showed his hands. Body camera video transcripts show Floyd initially said he had been shot before, and begged police not to shoot him.
Gray said Floyd was acting erratically and had foam at his mouth. According to the body camera video transcripts, when asked about the foam and whether he was on something, Floyd said he was scared and had been playing basketball.
As officers struggled to get Floyd into the squad car, Floyd said: “I can’t breathe” and “I want to lay on the ground,” the transcripts say.
Once Floyd was on the ground, Lane told the other officers “he’s got to be on something.” and he asked twice whether officers should roll Floyd onto his side — Chauvin said no.
“Lane had no basis to believe Chauvin was wrong in making that decision,” Gray wrote.
Bystanders told officers repeatedly to check Floyd’s pulse, and after Kueng did he said, “I can’t find one.”
“Huh?” Chauvin said, according to the transcript of Keung’s body camera video.
Lane told state investigators that Chauvin was not Lane’s field training officer, but that he had trained Kueng and was someone Lane had previously gone to for guidance. According to a transcript of that interview, one investigator said it seemed like Lane’s gut was telling him something wasn’t right with the way Floyd was being restrained.
“Yeah. I would say felt like it maybe could have been handled differently or we should be reassessing what we’re doing, I think is what I was kind of coming to,” Lane said.
Gray argued in his memorandum that in order to charge Lane with aiding and abetting, prosecutors must show Lane played a knowing role in committing a crime. He said there’s no evidence Lane played an intentional role or knew Chauvin was committing a crime, namely assault.
“The decision to restrain Floyd was reasonably justified,” Gray wrote, adding: “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.”
Gray wrote that Lane’s trust in Chauvin was “reasonable and not criminal.”