Tag Archives: Exofficers

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J. Alexander Kueng and Tou Thao: Two ex-officers who restrained George Floyd sentenced to 3 years and 3.5 years in federal prison

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Kueng, who held down Floyd’s torso, and Thao, who kept a group of bystanders back, were each convicted in February of violating Floyd’s civil rights and of failing to intervene to stop their colleague Derek Chauvin during the restraint.

With the sentences, all four of the officers who helped restrain Floyd in May 2020 have now been sentenced to prison time.

Thomas Lane, who held down Floyd’s legs, was convicted of one federal charge and sentenced last week to 2.5 years in prison, as Judge Paul A. Magnuson cited Lane’s “minimal role” in the incident. Chauvin, the primary aggressor, pleaded guilty to violating Floyd’s civil rights and of an unrelated civil rights violation and was sentenced to 21 years in prison to be served concurrently with his 22.5-year sentence on state murder charges.

Federal prosecutors had asked the court to sentence Kueng, 28, and Thao, 36, to “significantly more” time than the range applicable to Lane but less time than Chauvin’s sentence. Thao’s defense team asked for a sentence of 2 years, while Kueng’s defense team filed its recommendation under seal.

Kueng declined to make a statement in court. Thao, though, made a lengthy statement to the court, quoting numerous Bible verses and describing how he was “born again” after being jailed.

Courteney Ross, Floyd’s girlfriend, addressed both former officers in court.

“I will never forget you speaking to the onlookers when you said, ‘This is why you don’t do drugs,'” she said to Thao. “No one deserves to be treated as less. That’s not how Floyd treated others.”

Both Kueng and Thao also will be ordered to pay a $200 special assessment and will placed on supervised release for 2 years after serving their prison terms.

In court Wednesday, the judge said that Kueng was a new officer who deferred to the authority of a “much more senior officer.” Magnuson wrote in a court filing last week that Kueng and Thao “each made a tragic misdiagnosis in their assessment” of Floyd.

“The evidence showed that Kueng genuinely thought that Mr. Floyd was suffering from excited delirium with a drug overdose, and Thao genuinely believed that the officers were dealing with a drug overdose with possible excited delirium,” he wrote.

Kristen Clarke, Assistant Attorney General for the Department of Justice’s Civil Rights Division, said in a statement that all four officers involved in Floyd’s death had been held accountable.

“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,” she said.

How we got here

The sentencing comes more than two years after Lane, Thao and Kueng were fired and arrested for their actions — or lack thereof — in May 2020 as Chauvin pressed his knee into the neck and back of Floyd, who was handcuffed and lying on his stomach, for more than nine minutes.

Harrowing video of the incident and Floyd’s ignored pleas for help spread widely and launched an international protest movement against police brutality and anti-Black violence.

At their federal trial in February, each of Lane, Kueng and Thao testified in their own defense and highlighted Chauvin’s role in taking charge of the situation.

Kueng told jurors that he deferred to Chauvin on what to do during the arrest because Chauvin was the senior officer on scene with more than 15 years of experience.

Thao told the court he assumed the other officers on the scene were “taking care” of Floyd, and that his role transitioned to crowd and traffic control. When prosecutors asked Thao during cross-examination why he didn’t tell Chauvin to get off Floyd’s neck, he said: “I think I would trust a 19-year veteran to figure it out.”

In addition, Thou and Kueng face a state trial in October on charges of aiding and abetting second-degree unintentional murder and aiding and abetting second-degree manslaughter. They have pleaded not guilty.
Last month, Lane pleaded guilty in state court to aiding and abetting second-degree manslaughter. As part of a plea deal, prosecutors and the defense agreed to jointly recommend a sentence of 3 years to be served concurrently with his federal sentence in a federal institution, according to Minnesota Attorney General Keith Ellison’s office.

CNN’s Brad Parks contributed to this report.

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George Floyd death: Verdict reached in civil rights trial of 3 ex-officers connected to the killing

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Tou Thao, 36, J. Alexander Kueng, 28, and Thomas Lane, 38, are each charged with deprivation of rights under color of law for allegedly failing to administer medical aid to Floyd as Derek Chauvin, another Minneapolis officer, knelt on his neck. Thao and Kueng are also charged with willfully failing to intervene in Chauvin’s use of unreasonable force, resulting in Floyd’s death. Lane, who did not face the extra charge, testified that he asked Chauvin twice to reposition Floyd while restraining him but was denied both times.

“They had opportunity and means to (help) and didn’t … Disregarding that is willfulness,” Assistant US Attorney LeeAnn Bell said during closing arguments.

However, each of the three former officers took the stand and tried to place blame elsewhere, saying they had a lack of proper training and that they deferred to Chauvin, the most senior officer on scene.

“I think I would trust a 19-year veteran to figure it out,” Thao said on the stand.

The trial is the second such criminal proceeding to break down in detail Floyd’s final moments on May 25, 2020. As captured on harrowing video by an onlooker, the 46-year-old Black man was handcuffed and pressed face down into the pavement for over 9 minutes as he screamed “I can’t breathe.” Floyd soon fell unconscious and stopped breathing, yet officers continued to restrain his limp body until after paramedics arrived.

The video showing his desperate pleas and the officers’ unsympathetic response sparked one of the largest protest movements in American history.
Chauvin was convicted last April of Floyd’s murder in state court, and he pleaded guilty to federal charges in December as part of a plea deal. Thao, Kueng and Lane will separately face a state trial later this year on charges of aiding and abetting in Floyd’s murder.

What the 3 officers said

Unlike Chauvin, who did not testify in his murder trial, the three former officers took the stand in their defense.

The arrest began after Floyd came under suspicion of having used a counterfeit $20 bill at a Minneapolis convenience store. All three ex-officers testified that Floyd seemed to be displaying some erratic behavior at the start of their encounter.

Lane — who was working just his fourth day with the Minneapolis Police Department — and Kueng were the first to arrive on the scene. Kueng testified Floyd “was very hyperactive” and had difficulty responding to questions when initially approached by police.

At that point, Chauvin and Thao arrived. Lang and Kueng both testified how Floyd later resisted attempts to place him into the back of a police car. Lane said that he was unsure of what to do, and Chauvin then “either asked or cut in front of me and asked if he was under arrest and then informed George Floyd that he was under arrest for forgery.”

“I recall officer Chauvin saying we’re going to bring him down,” Kueng told the jury.

Thao said that one of the purposes for restraining Floyd was to protect him from potentially getting up and injuring himself or bystanders, adding the measure was partly done “to save his life.” Thao said none of them intended to harm Floyd.
Thao testified that it was not unusual to see Minneapolis officers use their knees during an arrest. The knee-to-neck move is banned by several police departments, but the MPD allows officers to restrain suspects’ necks if they’re aggressive or resisting. However, the suspects are supposed to be turned on to their sides to avoid suffocation in what’s known as “positional asphyxia.”

Lane, who was holding Floyd’s legs, testified that he twice asked Chauvin whether Floyd should be repositioned during the restraint. The first time, Lane asked Chauvin whether they should put Floyd’s legs up as is taught in the academy.

“No, we’re good,” Chauvin said, according to Lane’s testimony.

Lane then said he asked Chauvin whether they should roll Floyd on his side.

“No, we’re good like this,” Chauvin responded, according to Lane’s testimony.

Kueng testified he could see that Floyd had stopped moving at some point — but did not appreciate the severity of Floyd’s medical needs.

Thao, meanwhile, was several feet away working to control the growing crowd and ensure cars moved around the scene.

“At that point I have a different role, which is to do crowd control to allow them to attend to Mr. Floyd.”

Officers could and should have done more, prosecution says

Prosecutors called more than 20 witnesses over the course of the 13 days of testimony. The prosecution prompted both high-ranking Minneapolis police officers and expert witnesses to testify that the defendants had a duty to intervene and render first aid under department policies.

Multiple witnesses also testified the three ex-officers made no attempt to get Chauvin off Floyd’s neck or to render medical care. Several medical experts testified this was “a survivable” event and that CPR would have saved Floyd’s life.

Prosecutor Bell argued Tuesday that the force primarily applied by Chauvin became unreasonable once Floyd went unconscious, and “Officer Thao and Officer Kueng had a duty to stop it.”

“Force used has to be appropriate and proportional at the time,” she said. “If they go unconscious, you cannot continue to use force.”

Assistant US Attorney Manda Sertich stated during closing arguments that Thao and Kueng “had the ability, authority, opportunity, means, and duty to intervene,” adding that there was plenty of time for Kueng and Thao to take action.

“It wasn’t a split-second use of force like a gunshot,” she said, adding that it was “not 30 seconds, not a minute. Several minutes, 569 seconds (…) Defendants Thao and Keung watched while George Floyd condition slowly deteriorated,” Sertich argued, adding that the officers’ relative inexperience did not make them unable to recognize a medical emergency situation.

Even Lane, she pointed out, knew what needed to be done, as evidenced by his question of whether they should turn Floyd over. But asking a question isn’t rendering medical aid, Sertich said.

CNN’s Bill Kirkos, Amir Vera, Eric Levenson, Eliott C. McLaughlin, Brad Parks, Scottie Andrew and Paul Vercammen contributed to this report.

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George Floyd death: Jury is now deliberating in the civil rights case of 3 ex-officers connected to the killing

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Former officers Tou Thao, 36, J. Alexander Kueng, 28, and Thomas Lane, 38, tried to restrain Floyd as Officer Derek Chauvin knelt on his neck and back for more than 9 minutes during the arrest, resulting in Floyd’s death. Thao, Chauvin’s partner, stood nearby and kept back a crowd of horrified onlookers, while Kueng and Lane — both rookie officers in their first days on the job — restrained Floyd’s torso and legs.

“They chose not to intervene, they chose not to aid Mr. Floyd,” Assistant US Attorney Manda Sertich said in closing arguments. “This is a crime. The defendants are guilty as charged.”

All three ex-officers testified on their own behalf during the trial, saying that they were inexperienced, received inconsistent training and deferred to Chauvin’s seniority in explaining why they didn’t intervene.

“I think I would trust a 19-year veteran to figure it out,” Thao said on the stand, referring to Chauvin.

Chauvin was convicted last April of Floyd’s murder in state court, and he pleaded guilty to federal charges in December as part of a plea deal.

Thao, Kueng and Lane have pleaded not guilty and are being tried together. They also face a state trial later this year on charges of aiding and abetting in Floyd’s murder.

Officers were ill-equipped to intervene, defense says

Before the court ended for the day, prosecutors and defense attorneys spoke at length during closing arguments about the charges.

Defense attorneys argued that the indictment language of “willfully” failing to aid Floyd or stop Chauvin does not apply.

Attorney Robert Paule, on behalf of Thao, said that a person acts willfully when they commit an act with a bad purpose or improper motive to disobey or disregard the law. He added that “just because something has a tragic ending doesn’t mean it’s a crime.”

Kueng’s attorney, Thomas Plunkett, said there was no specific intent on his client’s part.

“If it is not shown there’s a willful act with specific intent … with proof beyond a reasonable doubt,” then it hasn’t been proven, Plunkett said.

The core of Plunkett’s argument was that Kueng was an inexperienced officer and subordinate to Chauvin, a department veteran of more than 18 years and the field training officer in charge.

Chauvin informed his colleagues Floyd needed to be taken to the ground, Kueng has said, and Thao earlier testified that the intention was to protect him and any bystanders. No one meant to hurt Floyd, Thao said.

It was not unusual to see Minneapolis officers use their knees during an arrest, Thao said. The knee-to-neck move is banned by several police departments, but the MPD allows officers to restrain suspects’ necks if they’re aggressive or resisting.
Plunkett showed the court Minneapolis Police Department training slides, arguing that the training was incomplete and inconsistent. Thao testified that he had not seen officers be corrected when using knees to restrain people in the past, Plunkett noted.

Earl Gray, attorney for Lane, also touched on Chauvin’s seniority over the other former officers. “We don’t need commanders to tell us that if someone has seniority over you, you listen to them,” Gray said. The date of the incident was Lane’s fourth day with the department.

Lane’s questions during the arrest about repositioning Floyd was also a sign that Lane “was never deliberately indifferent,” Gray argued.

When Lane mentioned he was worried about so-called “excited delirium” and suggested flipping Floyd on his side, Gray said, he showed “concern about serious medical needs. Is that deliberate indifference? No!”

‘They chose not to intervene’

Floyd, a 46-year-old Houston native who moved to Minnesota for work, was accused of using a counterfeit $20 bill to buy cigarettes at a convenience store. During his arrest, he looked to be in distress and cried out repeatedly while being knelt on by Chauvin that he could not breathe. Prosecutors argue the three other officers failed to properly intervene in these moments.

Assistant US Attorney LeeAnn Bell argued the force primarily applied by Chauvin became unreasonable once Floyd went unconscious, and “Officer Thao and Officer Kueng had a duty to stop it.”

“Force used has to be appropriate and proportional at the time,” she said. “If they go unconscious, you cannot continue to use force.”

“If you can’t find a pulse, your answer cannot be ‘I did nothing,'” she added as she singled out some of the defense’s arguments, in particular former officer Lane, who at one point helped restrain Floyd on the ground.

“Mr. Lane could get up from where he was,” she began, saying he could have walked over and looked for a pulse. “It is not reasonable not to do anything and excuse it with ‘I’m down by the legs,’ so I just didn’t do anything.”

Bell also attacked the defense’s continued arguments and definitions of “willfully” as laid out in the indictment. “They had opportunity and means to (help) and didn’t … Disregarding that is willfulness,” she said.

“They didn’t have to intend to harm Mr. Floyd, they just needed to know they could take certain actions under the law and failed to do so,” Bell later added.

Assistant US Attorney Manda Sertich said Tuesday that all the witnesses, “including the defendants,” agreed they had a duty to intervene.

CNN’s Julia Vargas Jones and Omar Jimenez reported from St. Paul, Minnesota; Travis Caldwell wrote from Atlanta. CNN’s Bill Kirkos, Brad Parks, Amir Vera and Eliott C. McLaughlin contributed to this report.

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George Floyd death: Closing arguments begin in civil rights trial of 3 ex-officers

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Assistant US Attorney Manda Sertich told jurors Tuesday during her closing argument that Thomas Lane, 38, J. Alexander Kueng, 28, and Tou Thao, 36, were all aware that Derek Chauvin was using unreasonable force and knew what procedures could help Floyd, but chose not to act on it.

Sertich argued that Thao and Kueng “had the ability, authority, opportunity, means, and duty to intervene,” adding that there was plenty of time for Kueng and Thao to take action.

“It wasn’t a split-second use of force like a gunshot,” she said, emphasizing Chauvin’s use of force was “not 30 seconds, not a minute: several minutes — 569 seconds.”

“Defendants Thao and Keung watched while George Floyd condition slowly deteriorated,” Sertich argued.

Sertich countered the defense’s argument that it would have been too much to ask of novice officers to know better and do something to help in this situation. She said the officers’ alleged inexperience did not make them unable to recognize a medical emergency situation. The defendants were aware of the level of force being used on Floyd, she said.

“Just look at the video of Thao staring at Chauvin while Chauvin presses his knee into Mr. Floyd’s neck, (who) then stops speaking, stops moving, loses consciousness,” Sertich said.

Even Lane, she pointed out, knew what needed to be done, as evidenced by his asking Chauvin twice whether they should turn Floyd over. But asking a question isn’t rendering medical aid, Sertich said.

“It is not complicated,” Sertich said in concluding her closing arguments. “All the witnesses, including the defendants, agreed they had a duty to intervene … They chose not to intervene, they chose not to aid Mr. Floyd.”

Defense attorneys for Lane rested their case Monday, and the prosecution did not call any rebuttal witnesses.

Defense attorney Robert Paule is currently delivering his closing argument for Thao. Attorneys for Kueng and Lane are also expected to deliver their closing remarks later Tuesday afternoon. Defense attorneys told US District Court Judge Paul Magnuson last week they’d each need between an hour and 90 minutes for their closing remarks.

A Hennepin County jury found Chauvin guilty of murder and manslaughter in April. He was sentenced to more than 22 years in prison. He awaits additional sentencing after pleading guilty in federal court to violating the civil rights of Floyd and, in a separate incident from 2017, a handcuffed 14-year-old. Prosecutors have asked that Chauvin be sentenced to 25 years, to be served concurrently with his state sentence.

Lane, Kueng and Thao also face a state trial later this year on charges of aiding and abetting in Floyd’s murder. They have pleaded not guilty.

It began with a report of a counterfeit $20 bill

In opening statements, the prosecution alleged the officers committed federal crimes by repeatedly ignoring Floyd’s cries of, “I can’t breathe.” Bystander video shows Floyd, pinned under Chauvin, pleading with officers as he desperately gasps for air before passing out. He was declared dead later that night.

Lane and Kueng were the first to respond to Cup Foods on May 25, 2020, after a report that Floyd had attempted to pass a fake $20 bill. It was Lane’s fourth day with the Minneapolis Police Department.

Floyd wouldn’t immediately answer questions, was “very hyperactive” and appeared to have white foam around his mouth, Kueng testified.

“He seemed to snap and started yelling,” Lane said.

Chauvin and Thao soon responded to the scene. Floyd was “very sweaty” and appeared to be under the influence of drugs or alcohol, Thao said. While the county’s chief medical examiner ruled Floyd died from cardiopulmonary arrest during “law enforcement subdual, restraint, and neck compression,” Dr. Andrew Baker also testified in Chauvin’s trial last year that fentanyl and heart disease were contributing factors — but not the main cause.

Floyd resisted getting into a patrol vehicle, telling officers he was claustrophobic, video from the scene shows. Lane testified he tried to de-escalate the situation by assuring the 46-year-old that he would get into the vehicle with him and roll down the windows.

Floyd’s legs at one point “kind of collapsed without reason,” Kueng said, and “his behavior just went to extreme measures.” Floyd attempted to “launch himself” while fighting the officers trying to place him in the patrol vehicle, Thao testified.

Chauvin informed his colleagues Floyd needed to be taken to the ground, Kueng said, and Thao explained that the intention was to protect him and any bystanders. No one meant to hurt Floyd, Thao said.

It was not unusual to see Minneapolis officers use their knees during an arrest, Thao said. The knee-to-neck move is banned by several police departments, but the MPD allows officers to restrain suspects’ necks if they’re aggressive or resisting.

Floyd was unarmed and handcuffed when he was pinned to the ground.

Ex-officer snaps at prosecutor on stand

Thao began conducting crowd and traffic control, he said, adding that the bystanders had begun to “cause issues.” Asked why he never asked Chauvin to get off of Floyd’s neck, Thao snapped, “I think I would trust a 19-year veteran to figure it out.”

Kueng could not determine how much pressure Chauvin was applying to Floyd’s neck, he testified, but he didn’t think Floyd had stopped breathing.

Lane, who was holding Floyd’s legs, twice asked Chauvin if Floyd should be repositioned, and Chauvin responded, “We’re good,” Lane testified. When Lane expressed concern about Floyd possibly experiencing “excited delirium,” Chauvin told him, “That’s why we got him on his stomach and that’s why the ambulance is coming,” according to Lane’s testimony.

About 5 minutes after Kueng told Lane he could not find a pulse, Lane began administering CPR on Floyd, Lane testified, conceding that CPR should have, ideally, begun immediately after Kueng announced Floyd had no pulse.

It wasn’t until a homicide detective arrived on the scene that Kueng realize Floyd was dead, Kueng testified.

Prosecutors allege Floyd might’ve lived if not for the officers’ decision to ignore his cries.

“Each made a conscious choice over and over again,” Samantha Trepel, special litigation counsel from the US Justice Department’s civil rights division, said in opening statements. “They chose not to intervene and stop Chauvin as he killed a man. They chose not to protect George Floyd, the man they handcuffed.”

Because the alleged crime ended in Floyd’s death, a guilty verdict on a count of deprivation of rights under the color of law commands a hefty maximum sentence. Though the US code permits the death penalty in such cases, prosecutors have not indicated they would pursue such a sentence. Thus, a guilty verdict could mean fines for the three officers and sentences up to life in prison.

CNN’s Bill Kirkos, Brad Parks, Julia Jones and Dakin Andone contributed to this report.

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Ex-officers, juveniles dead in apparent murder-suicides

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Four people were found dead inside a car Thursday in what police say are apparent murder-suicides involving two ex-Maryland officers and two children. 

Authorities identified Robert Vicosa, 41, of Baltimore, as one of the four deceased. Police said he violently attacked his estranged wife over the weekend and took the couple’s young daughters: Giana Vicosa, 7, and Aaminah, 6.

Vicosa was an officer with the Baltimore County Police Department, but his work history was dotted with insubordination and was terminated in August 2021 after numerous reprimands, according to a summary of cases provided by the police department.

Vicosa carjacked and kidnapped a driver Wednesday afternoon, Baltimore County Police Chief Melissa Hyatt said at a news conference on Thursday. He had a handgun and was accompanied by two young girls and Baltimore County Police Sgt. Tia Bynum, police said. 

Bynum, 35, was also found deceased in the car. Police suspected she helped hold Vicosa’s estranged wife captive. Both Vicosa and Bynum were considered armed and dangerous by law enforcement. 

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Police believe the two juveniles found in the car were Vicosa’s children. One was pronounced deceased at the scene and the other was transported to a hospital where she was later pronounced dead.

In a news conference earlier this week, York Area Regional Police Chief Tim Damon read a statement from the girls’ mother, whose name has not been released. 

“I would like the public to know that Giana and Aaminah are very loving, kind and super smart girls,” the statement starts. I am so grateful for all of the friends, family, law enforcement and even strangers for their support and prayers. I am anxiously awaiting their return. I miss them, and love them, and need them home.”

All four occupants appeared to have suffered gunshot wounds, said Elena Russo, spokeswoman for Maryland State Police. Authorities said investigators on the scene located an assault rifle and other firearms in the vehicle.

Pennsylvania State Police were trying to stop the car Thursday afternoon, Russo said, when it ran off the highway and struck a fence line after crossing over from Pennsylvania into Maryland. She said Maryland troopers surrounded the car and tried to make contact with the people inside.

“Our crisis negotiation team made several attempts to contact the occupants of the vehicle,” Russo said. “After receiving no response and low visibility inside the vehicle because of a thick layer of smoke that was contained in the interior of the vehicle, police made entry into the passenger side.”

Police found the four deceased shortly after. Authorities haven’t identified a motive for the shooting, and the investigation is ongoing. 

Contributing: Shelly Stallsmith and Teresa Boeckel, York Daily Record; The Associated Press

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