One of the four former Minneapolis police officers charged in the death of George Floyd has filed for the charges against him to be dismissed. On Wednesday (July 8), an attorney for Thomas Lane said the case against his client should be dismissed based on lack of probable cause, reports USA Today.

Attorney Earl 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 Derek Chauvin, the cop who had his knee planted on Floyd’s neck for almost nine minutes, 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, who held Floyd’s legs during the restraint, is charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter. Kueng and Tou Thao also face the same charges.

In the memorandum, Gray says that in order to prove aiding and abetting, “The state must show that the defendant played a knowing role in the commission of the crime. Mere presence at the crime scene does not alone prove that a person aided or abetted, because inaction, knowledge, or passive acquiescence do not rise to the level of criminal culpability.”

Last month, Lane posted a $750,000 bond to be released from jail. The office of Minnesota Attorney General Keith Ellison told KARE 11 that Ellison will oppose the motion to dismiss.