An attorney for one of the former Minneapolis officers charged in the death of George Floyd has filed a motion to dismiss the charges.

Defense attorney Robert Paule filed the motion Wednesday saying fired Minneapolis officer Tou Thao will ask the judge to dismiss the charges at a hearing on Sept. 11. An attorney for former officer Thomas Lane, Earl Gray, also has filed a motion saying he will argue to dismiss the charges against his client, the Washington Times reports.

Former officer Thao is charged with aiding and abetting second-degree murder and manslaughter.  

Paule said he will argue that the charges against Thao are not supported by probable cause. Prosecutors must prove that Thao knew former officer Derek Chauvin and others were going to commit a crime and “intended his presence or actions to further the commission of that crime,” Paule said in his motion.