Tou Thao sentenced to 3.5 years, J. Alexander Kueng gets 3 years for violating George Floyd's civil rights
Former Minneapolis police officer Tou Thao was sentenced Wednesday to three-and-a-half years for violating George Floyd's civil rights, while J. Alexander Kueng received a three-year sentence.
Kueng and Thao were convicted in February of two counts of violating Floyd's civil rights in the 2020 slaying. The jury found they deprived the 46-year-old Black man of medical care and failed to stop Derek Chauvin as he knelt on Floyd's neck for 9 1/2 minutes while Floyd gasped for air.
Kueng held Floyd's back, former Officer Thomas Lane held his feet and Thao kept back bystanders, some of whom recorded video that led to worldwide protests.
Chauvin, who pleaded guilty last year to violating Floyd's civil rights and the civil rights of a teenager in an unrelated case, was sentenced to 21 years in federal prison. Lane, who twice asked if Floyd should be rolled onto his side so he could breathe, was convicted of one count and was sentenced to 2 1/2.
U.S. District Judge Paul Magnuson said both Kueng and Thao will surrender on Oct. 4, and serve their sentences either in the Duluth or Yankton, South Dakota federal facilities. Thao was given 42 months for each charge, while Kueng got 36 months for the two, and Magnuson said both charges would be served concurrently. Their prison sentences will be followed by two years of supervised release.
During victim impact statements Wednesday, Floyd's second cousin argued for Kueng to receive the maximum sentence. Kueng's defense attorney Thomas Plunkett said he recognized the "seriousness of this offense and depth of the tragedy" but argued the prosecution was trying to make the tragedy deeper in their sentencing request. He asked for a downwards departure.
Kueng declined to make a statement before hearing his sentence.
During Thao's sentencing, prosecutors argued he did nothing to intervene despite pleas from bystanders. His defense attorneys argued that he is a "very good and decent man" who made a mistake.
Thao made a 20-minute long statement before his sentencing, in which he quoted versus of the Bible and talked about his Christian faith, which he came to after May of 2020.
Outside the courtroom on Wednesday, George Floyd's girlfriend Courteney Ross called the endings "bittersweet."
"Right now I'm really disappointed," she said. "I'm saddened, but I suppose we have to take all these little small triumphs and know that we have to move forward," she said.
Kueng, who is Black, and Thao, who is Hmong American, still face a state trial that's slated to begin on Oct. 24. Lane, who is white, pleaded guilty to a state charge of aiding and abetting second-degree manslaughter and is awaiting sentencing in that case. He was allowed to remain free on bond after his federal sentencing.
Chauvin, who is white, was convicted of second-degree murder and second-degree manslaughter in state court and is serving a 22 1/2-year state sentence. His federal and state sentences are being served simultaneously.
Lawyer: Kueng, Thao sentencing signals agreement in the works for state trial
Wednesday's sentencing for former Minneapolis police officers J. Alexander Kueng and Tou Thao points to an agreement in the works for their state trial, Criminal Defense Attorney Joe Tamburino says.
"I would not expect a trial," said Tamburino, who is not affiliated with the case.
Kueng and Thao were ordered by Judge Paul Magnuson to report to federal prison on Oct. 4, which is 20 days before the state trial is set to begin. Tamburino says it's difficult to have a state trial while a person is in federal custody. If they were going to trial, he suspects the defense attorneys would have asked for the surrender date to be pushed back.
The sentences for the two officers - 36 months for Kueng and 42 months for Thao - were also well below the sentencing guidelines, which could be used to their benefit in a plea deal.
Unlike Thomas Lane and Kueng, Thao gave a statement during his sentencing.
"That he spoke during his sentencing and he apologized, yes, you could read in between the lines that I don't think there's going to be a state trial," Tamburino said.
Kueng's family speaks after sentencing
After learning that J. Alexander Kueng would serve three years in a federal prison, his family gathered outside the courthouse to speak with the media.
His mother, Joni Kueng, said they were "so sad" that they would not be able to see him for a while.
"It does not escape us that Mr. Floyd's family and friends will not," she added. "On behalf of Alex and our entire family, we are so sorry for their loss, A way forward right now for us, and for our neighborhood, and for our city, seems insurmountable and impossible. And it is our hope that we can all find a way forward and find peace."
George Floyd's girlfriend, family give victim impact statements
During victim impact statements on Wednesday morning, George Floyd's girlfriend Courteney Ross told J. Alexander Kueng "if you don't stand for something, you'll fall for anything."
Victim impact statements are beginning, starting with Courteney Ross, George Floyd's girlfriend.
— WCCO - CBS Minnesota (@WCCO) July 27, 2022
She starts by saying Floyd was the love of her life. In regards to Kueng, she said "if you don't stand for something, you'll fall for anything."
Floyd's second cousin Sabrina Montgomery said that so far, she's been disappointed with the judge's sentences for Thomas Lane and Derek Chauvin, saying that they weren't given enough time. She said the former officers should be sentenced to the maximum time, and thanked prosecutors for presenting an excellent case.
During Thao's sentencing later in the morning, Ross said to him: "I will never forget you saying to the crowd of onlookers 'this is why you don't do drugs.'" Ross said Floyd wasn't trying to resist arrest that day, but was scared. She, along with Montgomery, asked the judge to hand down the maximum sentence.
Judge's ruling could mean lighter sentences for Kueng, Thao
Kueng and Thao got a victory last week when U.S. District Judge Paul Magnuson issued rulings that affect how their federal sentences will be calculated and could mean far less prison time. The rulings - particularly one that cross-references their crimes with involuntary manslaughter instead of murder - mean the men head into Wednesday's hearing with a recommended range of 4 1/4 years to 5 1/4 years. They might have faced a life sentence.
"It made a huge difference," Mark Osler, a professor at the University of St. Thomas School of Law and former federal prosecutor, said. "The impact of it is already baked in now."
Osler said one key is if Magnuson determines that Kueng and Thao were "minor" or "minimal" participants in the crime. Magnuson found Lane was a minimal participant, resulting in a lower sentence. Osler said a minor participant would be more culpable.
"You have one officer who at least made some effort to change the trajectory, and that's Lane. You have one most directly involved in the killing of George Floyd, and that's Derek Chauvin - and then you have these two in the middle," Osler said.
The potential for lower sentences for Kueng and Thao raises questions about whether they will consider a plea deal or risk trial Oct. 24 in state court, where they face counts of aiding and abetting second-degree murder and second-degree manslaughter.
Osler said once the men know what their federal sentence is, they will likely seek a plea deal on the state charges that won't exceed the federal sentence and will let them serve the sentences concurrently.
Kueng and Thao can still appeal their federal convictions. If they plead guilty in state court, any federal appeal would be moot, said Mike Brandt, a criminal defense attorney who has been following the case. But it's also hard to win a federal appeal, he said.
"Those are some of the calculuses they are going to have to make in terms of, `Do I go to trial and risk something worse? Do I think I have a good shot at appeal on the federal case?'" Brandt said.
How to watch WCCO's streaming coverage
WCCO will offer streaming coverage of the sentencings of Tou Thao and J Alexander Kueng.
Kueng's sentencing is set for 10 a.m., while Thao's is scheduled for 11 a.m.
You can watch streaming coverage on CBS News Minnesota via Pluto TV, the CBS News app or WCCO.com.