A trial for the former Minneapolis police officer charged with second-degree manslaughter and criminal vehicular homicide has been moved to May 2023 — going on two years after the officer crashed and killed another motorist during a high-speed chase.
Trial of ex-Minneapolis cop charged in fatal crash delayed to May 2023
The trial will be nearly two years after the officer killed a motorist during a high-speed chase.
August 29, 2022 at 10:17PM
Brian Cummings appeared in a virtual court hearing Monday, where the new trial date was set for May 1. It was originally slated for late September in the crash that killed motorisit Leneal Frazier.
According to charges, on July 6, 2021, Cummings was pursuing a stolen vehicle carjacked at gunpoint that was traveling about 100 mph on residential streets in north Minneapolis. Cummings followed the car when it ran a red light around 12:30 a.m. Frazier was crossing the intersection of N. Lyndale and 41st avenues in his Jeep when Cummings' squad car struck Frazier's, and the father of six was later pronounced dead at a hospital.
The 40-year-old St. Paul man was the uncle to Darnella Frazier, the young woman who who recorded George Floyd's killing by Minneapolis police officers in a video seen around the world.
His funeral at Minneapolis' Shiloh Temple was attended by Floyd's relatives and high-profile attorney Benjamin Crump, who told mourners that Frazier was an "innocent man minding his business" who was killed by Minneapolis police for not following its own chase policy.
Frazier's death sparked a review of the city's police pursuit policy, which says police may not initiate a pursuit or must end one if it "poses an unreasonable risk to the officers, the public or passengers of the vehicle being pursued who may be unwilling participants."
In response to the new court date, Minneapolis attorney Jeff Storms, who is representing Frazier's family, said they are frustrated with the delay.
"The family is disappointed to see accountability and justice delayed that far out," he said in a phone interview Monday. "What's particularly frustrating in these situations where you see a delayed prosecution is the materials that we need to investigate and determine civil liability are not available to us."
Storms filed a notice of claim against the city — signaling a possible lawsuit after the criminal case is resolved.
Cummings' attorney, Thomas Plunkett, moved the court to dismiss the case, but Judge Tamara Garcia denied his motion.
Cummings pursued the stolen vehicle for 20 blocks, reaching speeds of up to 100 miles per hour while the speed limits of the streets are posted at 25 mph. He was traveling about 78 mph when he hit Frazier.
Minneapolis Police Lt. Chris Hudok submitted an affidavit along with the request to dismiss, stating that he was "not aware of any officer who has been charged with a felony by the Hennepin County Attorney for pursuit-related conduct," according to Garcia's ruling.
The judge ruled that the crime associated with the suspect driving the stolen vehicle are not at issue.
"The accident was caused by Mr. Cummings driving 78-100 mph in a 25-mph residential zone, through a red light, and into an active intersection. These actions unquestionably caused the death of an innocent bystander ..." Garcia wrote.
Garcia wrote that Cummings' argument for dismissal focused more on the danger presented by the suspect rather than his own actions.
Hennepin County Attorney Mike Freeman called Cummings' actions "egregious" and said he charged him with both counts to ensure there's a guilty verdict.
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