MINNEAPOLIS -- Another former Minneapolis police officer has pleaded guilty to aiding and abetting second-degree manslaughter in the killing of George Floyd.
In exchange for J. Alexander Kueng 's guilty plea just as jury selection was to begin Monday, a count of aiding and abetting second-degree murder will be dismissed. Kueng is the second officer to plead guilty to the state charge. Thomas Lane earlier pleaded guilty to the same count.
In an unusual twist, the state trial for former MPD officer Tou Thao will be held via "stipulated evidence," and only for the second count, that of second-degree aiding and abetting manslaughter.
What that means is that there will be no testimony; Thao waived his right to testify in his own defense. All evidence will be entered in written form, and can include testimony and evidence presented in previous trials.
If Thao is found guilty on the second count, the state would agree to dismiss the second-degree aiding and abetting murder count Thao was charged with.
Attorney Joe Tamburino, not connected with this case, said that to perform a trial in this manner is "very unusual" and rarely happens.
"In my 33 years of experience with over 100 jury trials, defense attorneys don't waive a jury unless they have a very, very good idea what the judge will do," Tamburino said. "The main reason you don't waive a jury is that a jury needs to be unanimous ... and a 'bench trial' is just one person -- the judge."
Lawyers for both sides will have until Nov. 17 to submit their final arguments, and then Judge Peter Cahill will have 90 days to render a verdict.
Cahill, during Monday's proceedings, mentioned that Thao had recently suffered a concussion. He has been in prison on federal charges for over a month. Thao replied that he was clear-headed Monday and understood the decision he was making in pursuing the trial via "stipulated evidence."
No members of Floyd's family were in court Monday morning. The only courtroom spectators were two women about 30 years old supporting Kueng.
Kueng, Thao and Lane have already been convicted on federal counts of willfully violating the civil rights of Floyd, who was Black. Lane was sentenced to 2 1/2 years in the federal case. Kueng was sentenced to three years and Thao was sentenced to 3 1/2, but for some Floyd family members and activists, the penalties were too small.
Floyd, 46, died May 25, 2020, after Officer Derek Chauvin, who is white, pinned him to the ground with a knee on Floyd's neck as he repeatedly said he couldn't breathe. The killing, captured on widely viewed bystander video, sparked protests in Minneapolis and around the globe as part of a reckoning over racial injustice.
Kueng and Lane helped to restrain Floyd, who was handcuffed. Kueng knelt on Floyd's back and Lane held down Floyd's legs. Thao kept bystanders from intervening during the 9 1/2-minute restraint.
Kueng's plea called for 3 1/2 years in prison, though final determination will be up to the judge. Lane was sentenced to three years in his plea on the state charge, with the time served concurrently with the federal sentence.
Chauvin was convicted of state murder and manslaughter charges last year and is currently serving 22 1/2 years in the state case. He also pleaded guilty to a federal charge of violating Floyd's civil rights and was sentenced to 21 years for that and for an unrelated case involving a 14-year-old boy. He is serving the sentences at the same time at the Federal Correctional Institution in Tucson, Arizona.
Kueng is Black, Lane is white and Thao is Hmong American. They were convicted of federal charges in February after a monthlong trial that focused on the officers' training and the culture of the police department. All three were convicted of depriving Floyd of his right to medical care and Thao and Kueng were also convicted of failing to intervene to stop Chauvin during the killing.
After their federal sentences, there was a question as to whether Kueng and Thao would proceed to trial, with legal experts saying it was likely they'd seek a plea deal with the state that would not exceed the federal sentence and allow them serve both sentences at the same time.
State sentencing guidelines for a person with no criminal record, like Kueng, call for a range from about 3 1/2 years to four years and nine months in prison for second-degree unintentional manslaughter. The presumptive sentence is four years.
If Kueng had been convicted of aiding and abetting second-degree murder, he would have faced a presumptive 12 1/2 years in prison.
Community members say developments will spare many pain of reliving Floyd's death
Monday's decisions are being called the "closure of a painful time" for both law enforcement and the community.
For more than two years, Agape Movement's Bridgette Stewart says a community dealing with the killing of George Floyd is still in pain.
"I feel the community has not had time to breathe," Stewart said.
Floyd's murder was a punch in the gut, and Stewart says many were not looking forward to another trial, for another former officer connected to the crime.
"Being right here located in the heart of George Floyd Square, we did have several community members concerned about having to go through the trial," she said. "We heard from key witnesses early on this month that were dreading going back to court. We heard from family members as his birthday just passed, Oct. 14, that were not sure. They had mixed emotions."
Emotions ran high as word spread there would be no trial. A plea deal for J Alexander Kueng and and a rare "stipulated evidence" trial for Tou Thao will help keep family and community from re-living the moments before and after George Floyd took his last breath.
"This was going to be another emotional trial, especially if video evidence was played a lot just like they did in (the trial for Derek) Chauvin. So it does spare the community a lot of heartache and emotion," defense attorney Joe Tamburino, not affiliated with this case, said.
Stewart believes healing with come with time but it can only happen when change is evident. She believes only after Minneapolis Police and the city of Minneapolis bring about policies and procedure to ensure there are no more George Floyds will the community begin to trust again.
"Community members want for police reform to happen," Stewart said.
George Floyd's family legal team releases statement following Kueng's guilty plea
"The plea by former Minneapolis officer J. Alexander Kueng demonstrates that justice takes time to be secured but that, in this case, various measures of justice continue to be delivered for the family of George Floyd. We must never forget the horror of what we all saw in that 9-minute video, and that there rightfully should be both accountability for all involved as well as deep lessons learned for police officers and communities everywhere." - Attorney Ben Crump and co-counsel Antonio Romanucci and Jeff Storms
Legal analysis of Kueng, Thao court decisions
A shocking and unusual twist today in court right as the state trial for two former Minneapolis police officers charged in George Floyd's murder got underway.
J. Alexander Kueng struck a plea deal. In exchange for a guilty plea, he will serve 3 and a half years in prison.
But Tou Thao rejected a plea agreement and is asking for a trial by "stipulated evidence." Prosecutors will have to prove he knew Derek Chauvin was committing a crime during Floyd's arrest and helped him do it.
WCCO legal analyst Joe Tamburino broke down the developments.
MN Police Association responds
The Minnesota Police and Peace Officers Association issued a pair of statements regarding the outcomes of Monday's court proceedings involving ex-officers Tou Thao and J. Alexander Kueng.
MPPOA Executive Director Brian Peters said:
"Today marks the closure of a painful time for our community and Minnesota law enforcement. As law enforcement, we must ensure a trusting relationship with those we serve. During these difficult times, communities from all over the state have supported their local law enforcement agencies. We want to take this time to thank you for your continued support, even when it wasn't popular to do so."
And MPPOA Legal Consultant Imran Ali said:
"We must also carefully reflect on the last several years. During this time, we have seen an increase in violent crime, political leaders interfering in investigations and prosecutions, and due process not being applied equally in court to our men and women in law enforcement. Our state leaders allowed activists with personal agendas to influence decisions in the courtroom and the alarming escalation through intimidation went unchecked. We need leaders with the temerity to stand up and speak up when something is wrong, and the integrity to do what is right."
AG Keith Ellison responds to Monday's proceedings
Attorney General Keith Ellison released the following statement after J. Alexander Kueng pleaded guilty to aiding and abetting manslaughter and Tou Thao chose a trial by stipulated evidence.
"Today, as always, my thoughts are with the victims: George Floyd and his family. Floyd should still be with us. I think of him and his family every day.
"J. Alexander Kueng is now the second officer involved in Floyd's death to accept responsibility through a guilty plea. That acknowledgement hopefully can bring comfort to Floyd's family and bring our communities closer to a new era of accountability and justice.
"We look forward to a swift resolution of Tou Thao's stipulated bench trial.
"I want to thank everyone who has worked so selflessly on this historic case for more than two years. This includes the staff of my office, the other attorneys who gave so generously of their time, and the investigators and staff of the Bureau of Criminal Apprehension. I offer special thanks to Hennepin County Attorney Mike Freeman for his close partnership and the diligence and cooperation of his attorneys and staff. I also want to thank the witnesses who were prepared to testify at trial.
"Finally, I want to thank the Floyd family for their graciousness and generosity of spirit. They are a shining example of people who have turned a personal tragedy of immense proportions into a movement for justice for all that is far bigger than themselves."