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SCREEN CAPTURE Former Minneapolis police officer Tou Thao's (right) inaction as he warded off onlookers resulted in the death of George Floyd, (behind him on the ground.) |
UPDATED: July 28, 11 a.m. to correct spelling and editing errors and to add more details.
U.S. District Judge Paul Magnuson sentenced Wednesday (July 27) the Hmong American officer along with fellow ex-Minneapolis Police Officer J. Alexander Jueng, who received a 36-months sentence.
George Floyd's death at the hands of MNPD officers sparked an outcry from civil rights advocates and a demand for police reform and the way law enforcement officers detain people in their custody.
RELATED: Who is Tou Thao?On Feb. 24, 2022, following a trial that lasted nearly five weeks, a federal jury in St. Paul, Minnesota, found Thao and Kueng guilty of depriving Floyd of his constitutional right to be free from an officer’s unreasonable force when each willfully failed to intervene to stop former Minneapolis Police Department (MPD) Officer Derek Chauvin’s use of unreasonable force.
The jury also found that Thao and Kueng deprived Floyd of his constitutional right to be free from a police officer’s deliberate indifference to serious medical needs when they saw Floyd restrained in police custody in clear need of medical care and willfully failed to aid him.
The jury further found that both of these offenses resulted in cutting off air to Floyd's lungs resulting in his death. Both offenses are violations of the federal criminal civil rights statute that prohibits willful violations of civil rights by a person, such as a police officer, acting in an official capacity.
The same jury also found former MPD Officer Thomas Lane guilty of the same charges, resulting in bodily injury to Floyd and his death. On July 21, Lane was sentenced to 30 months in prison for this offense.
Former Officer Derek Chauvin previously pleaded guilty to depriving Floyd and a then-14-year-old child of their constitutional rights in violation of the same federal statute. On July 7, Chauvin was sentenced to 252 months in prison for those crimes.
“All four officers involved in the tragic death of George Floyd have now been convicted in federal court, sentenced to prison and held accountable for their crimes,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
The same jury also found former MPD Officer Thomas Lane guilty of the same charges, resulting in bodily injury to Floyd and his death. On July 21, Lane was sentenced to 30 months in prison for this offense.
Former Officer Derek Chauvin previously pleaded guilty to depriving Floyd and a then-14-year-old child of their constitutional rights in violation of the same federal statute. On July 7, Chauvin was sentenced to 252 months in prison for those crimes.
“All four officers involved in the tragic death of George Floyd have now been convicted in federal court, sentenced to prison and held accountable for their crimes,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
“George Floyd’s death could have been prevented if these defendants had carried out their affirmative duty to intervene to stop another officer’s use of deadly force. While these defendants have now been held accountable, law enforcement officers and leaders must take seriously the affirmative duty under the Constitution to intervene to stop misconduct by fellow officers and the duty to render medical aid.
"The federal prosecution of all officers tied to the death of George Floyd should send a clear and powerful message that the Department of Justice will never tolerate the unlawful abuse of power or victimization of Americans by anyone in law enforcement,” said Clarke.
Floyd's agonizing death and his pleas to breathe was ignored by the officers as the scene was videotaped by onlookers. Chauvin kept his knee on the back of Floyd's neck for more than nine minutes.
Unlike officers Chauvin, Lane, and Keung, Thao didn’t physically touch George Floyd during the fatal incident. Thao instead interacted with the growing number of eyewitnesses. He’s seen in the viral video instructing onlookers to “get back on the sidewalk” while the three other officers pressed George Floyd down to the ground.
Unlike officers Chauvin, Lane, and Keung, Thao didn’t physically touch George Floyd during the fatal incident. Thao instead interacted with the growing number of eyewitnesses. He’s seen in the viral video instructing onlookers to “get back on the sidewalk” while the three other officers pressed George Floyd down to the ground.
The recording of Floyd's last minutes went viral, sparking massive protests across the world and reinvigorated the Black Lives Matter movement. The incident and public outrage resulted in bans on the chokeholds often used by police officers to restrain suspects.
Thao spoke for more than 20 minutes at his sentencing hearing during which he frequently quoting scripture as he said his arrest and time in jail led him to turn toward God, according to sources in attendance. However, he did not directly address his actions or offer any apologies to the Floyd family. Thao — like Lane and Kueng — remains free on bond awaiting a state trial, but spent several weeks in jail after his 2020 arrest on the state charges.
Judge Magnuson noted the slew of letters supporting the former officer, including one that he said had 744 signatures, and cited what he called Thao’s “completely clean record.”
“You had a difficult childhood and have done well to become a good police officer, father and husband,” the judge said.
The ex-officers still will face another trial under state charges.
Both men are due to report to federal prison on Oct. 4, though Magnuson noted that could change because of their upcoming state trial. Magnuson said he would recommend that they be allowed to serve their time at minimum-security federal facilities in Duluth or in Yankton, South Dakota, so they could be near family. The final decision is up to the Bureau of Prisons.
Thao spoke for more than 20 minutes at his sentencing hearing during which he frequently quoting scripture as he said his arrest and time in jail led him to turn toward God, according to sources in attendance. However, he did not directly address his actions or offer any apologies to the Floyd family. Thao — like Lane and Kueng — remains free on bond awaiting a state trial, but spent several weeks in jail after his 2020 arrest on the state charges.
Judge Magnuson noted the slew of letters supporting the former officer, including one that he said had 744 signatures, and cited what he called Thao’s “completely clean record.”
“You had a difficult childhood and have done well to become a good police officer, father and husband,” the judge said.
The ex-officers still will face another trial under state charges.
Both men are due to report to federal prison on Oct. 4, though Magnuson noted that could change because of their upcoming state trial. Magnuson said he would recommend that they be allowed to serve their time at minimum-security federal facilities in Duluth or in Yankton, South Dakota, so they could be near family. The final decision is up to the Bureau of Prisons.
“Former officers Thao and Kueng each had an individual duty and opportunity to intervene in the excessive force that resulted in the agonizing death of Mr. Floyd, but both men failed to take any action,” said U.S. Attorney Andrew M. Luger for the District of Minnesota.
“These sentences reaffirm that every law enforcement officer, whether rookie or senior, has an affirmative duty to protect individuals in their custody.”
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