In a new filing in the case against a now-fired Minneapolis police officer involved in the killing of George Floyd, the officer’s attorney alleged that Floyd overdosed on fentanyl while resisting arrest and in doing so contributed to his own death.

Attorney Earl Gray is arguing the charges against the officer should be dropped. 

Thomas Lane is charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter in connection with Floyd’s Memorial Day death. In July, Gray, filed a motion to dismiss the charges against Lane, arguing there is not enough evidence to establish probable cause that the former rookie officer committed a crime. 

In Monday’s filing, Gray doubled down on the idea that Floyd swallowed drugs while the officers were attempting to take him into custody, pointing to the disappearance of a white spot on Floyd’s tongue in the body camera video. He argues it looks like “2 milligrams of fentanyl, a lethal dose,” Fox6 reports. 

The Hennepin County Medical Examiner’s autopsy report says toxicology testing found fentanyl and evidence of recent methamphetamine use in Floyd’s system. But the report ultimately ruled the death of George Floyd a homicide.