In their latest attempt to have charges dropped, lawyers for former Minneapolis cop Thomas Lane claim George Floyd “overdosed on fentanyl” to avoid his May 25 arrest, according to FOX 9. Earl Gray, Lane’s attorney, argued Tuesday that there was insufficient evidence that Lane aided and abetted Floyd’s death. He said bodycam footage showed a “white spot on the left side of [Floyd’s] tongue” as Lane ordered Floyd to put his hands up so he could be handcuffed. Seconds later, the white spot was gone. Gray claimed Floyd intentionally ingested “2 milligrams of fentanyl, a lethal dose.” The filing states: “All he had to do is sit in the police car, like every other defendant who is initially arrested. While attempting to avoid his arrest, all by himself, Mr. Floyd overdosed on Fentanyl.

While the Hennepin County Medical Examiner said there was fentanyl in Floyd’s system, they concluded his cause of death was cardiac arrest from the restraint and neck compression. There were indications Floyd also had heart disease. An independent report commissioned by Floyd’s family concluded that the 46-year-old was in good health and died of strangulation from the pressure to his back and neck. Both reports called Floyd’s death a homicide.