Former Minneapolis police officer Tou Thao, the last officer facing state sentencing in George Floyd’s death, was sentenced Monday to 4 years and 9 months in prison for his role in the May 2020 arrest that sparked global protests and a national reckoning on police brutality and systemic racism.
Thao, who kept bystanders away as Derek Chauvin knelt on Floyd’s neck for more than nine minutes, was convicted in May in state court of aiding and abetting second-degree manslaughter after he rejected a plea deal and waived his right to a jury trial.
Hennepin County Judge Peter Cahill reached a verdict in the stipulated bench trial based on exhibits and transcripts from Chauvin’s murder trial, which Cahill presided over, and the federal civil rights trial of Thao, J. Alexander Kueng and Thomas Lane. Thao testified during that trial he served as “a human traffic cone,” controlling the crowd of bystanders as the other officers restrained Floyd, who was Black.
Prosecutors, led by Minnesota Attorney General Keith Ellison, agreed to drop a more serious charge − aiding and abetting murder − if Thao was convicted on the lesser charge. Minnesota sentencing guidelines recommend a four-year sentence on the manslaughter count, which Thao would serve at the same time as his 3 1/2-year sentence for his federal civil rights conviction, but Cahill was able to use his discretion during sentencing.
Thao, speaking in court, again denied wrongdoing.
“After three years of reflection, I was hoping for a little more remorse,” Cahill said.
Thao denies wrongdoing, prosecutor says he ‘knew better’
During the hearing, Assistant Attorney General Erin Eldridge said Floyd narrated his own death while Thao “stood by and allowed it to happen” and stopped others from helping the dying man.
“He knew better, and he was trained to do better,” Eldridge said.
Thao spoke at length Monday about his growth as a Christian during his incarceration and insisted he “did not commit these crimes.”
“My conscience is clear,” Thao said. “I will not be a Judas nor join a mob in self-preservation or betray my God.”
Cahill responded that he was hoping “for more than preaching” from the former officer. After the sentencing, Thao’s attorney, Robert Paule, said they will appeal but declined to comment further.
In a statement to USA TODAY, Ellison said he respects the sentence Cahill imposed.
“Even though I am disappointed Thao expressed no remorse today and accepted no responsibility for his actions, his sentence is one more measure of accountability for the Floyd family and every community that suffered from Floyd’s murder,” he said. “It shows once again that no one is above the law and no one is beneath it.”
What happened to the other ex-officers charged in George Floyd’s death?
Kueng also avoided a jury trial by pleading guilty to aiding and abetting second-degree manslaughter and was sentenced to 3 1/2 years in prison.
Lane also pleaded guilty to aiding and abetting second-degree manslaughter and was sentenced to three years in prison last year.
Chauvin was sentenced to 22 1/2 years in prison in 2021 after he was found guilty of murder and manslaughter in a closely monitored trial. After Minnesota’s highest court rejected his appeal for a new state trial, Chauvin’s lawyers announced last month he would appeal that conviction to the U.S. Supreme Court. He faces long odds at the Supreme Court, which declines to decide the vast majority of appeals.
The former officers were also convicted in federal court of violating Floyd’s civil rights and were handed concurrent federal prison sentences. Kueng was sentenced to three years, Thao received a 3½-year sentence and Lane was sentenced to 2½ years in prison. Chauvin, who pleaded guilty to violating Floyd’s civil rights, was sentenced to 21 years in prison. Thao is Hmong American, Kueng is Black and Chauvin and Lane are white.
Minnesota inmates generally serve two-thirds of their sentences in prison and one-third on parole. There is no parole in the federal prison system but inmates can reduce their sentences with good behavior.
Kueng and Lane are expected to be released next year, according to Benjamin O’Cone, a spokesperson for the Federal Bureau of Prisons.
Contributing: John Fritze, USA TODAY; The Associated Press
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