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Attorneys For Former MPD Officer Brian Cummings File Motion To Dismiss Charges In Leneal Frazier Crash

MINNEAPOLIS (WCCO) - Attorneys have filed a motion to dismiss charges against former Minneapolis police officer Brian Cummings, who is charged in connection to the high-speed collision that killed Leneal Frazier last year.

Cummings faces second-degree manslaughter and criminal vehicular homicide charges in the deadly crash. The complaint says Cummings was in pursuit of a stolen vehicle in north Minneapolis on July 6, 2021 when his marked squad car slammed into the driver's side of Frazier's Jeep at nearly 80 mph.

Before the crash, Cummings was following the stolen vehicle at high speeds "at or approaching 100 mph" through numerous stop signs, red lights, and partially obstructed intersections.

His attorneys filed a motion on Thursday to dismiss the charges, saying the prosecution initiated against him is "invidious and brought in bad faith."

"He acted consistent with department policies and engaged in a pursuit which ultimately resulted in a fatal accident. Cummings has been singled out for prosecution for a political purpose," attorneys Thomas Plunkett and Deborah Ellis wrote. They will offer evidence of others in similar circumstances who were not prosecuted, the motion goes on to say.

MORE: Video Shows Minneapolis Police Chase That Ended In Leneal Frazier's Death

According to Minneapolis police policy, officers are not to pursue suspects when there is an "unreasonable risk to the officer, the public or passengers of the vehicle being pursued." Police can begin a chase if they believe "a serious and violent felony or gross misdemeanor" has either been committed or about to be committed by the suspect.

Cummings is no longer with the Minneapolis Police Department as of Oct. 23, a day after he was charged by the Hennepin County Attorney's Office.

Frazier, 40, was a father of five and the uncle of Darnella Frazier, the teenager who filmed the viral video of George Floyd's death.

Cummings entered a not guilty plea in December. He is due back in court on March 17.

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