MINNEAPOLIS—Another long trial over the killing of George Floyd was averted on Monday after one former Minneapolis police officer pleaded guilty to manslaughter and another agreed to take a more uncommon approach and let a judge decide his fate based on the evidence in the case.
J. Alexander Kueng and Tou Thao had been set to stand trial Monday on charges of aiding and abetting both murder and manslaughter in the killing of Floyd.
Instead, Kueng pleaded guilty to aiding and abetting second-degree manslaughter in exchange for the murder count being dismissed. And Thao, who previously told the judge that it “would be lying” to plead guilty, agreed to what’s called a stipulated evidence trial on the aiding and abetting manslaughter count. The two sides will work out agreed-upon evidence in his case, file written closing arguments and let Judge Peter Cahill decide guilt or innocence.
If Thao is convicted, the murder count—which carries a presumptive sentence of 12.5 years in prison—will be dropped.
The day’s developments pushed the long process of prosecuting the officers involved in Floyd’s death nearer an end. Floyd died in Minneapolis on May 25, 2020, after former officer Derek Chauvin kneeled on his neck while holding him down during an arrest on suspicion of using a counterfeit bill at a store. Chauvin was convicted in state court in spring 2021 and later pleaded guilty to federal charges. A fourth officer, Thomas Lane, was convicted of federal charges in February and pleaded guilty to state charges in May.
Kueng knelt on Floyd’s back, Lane held his legs, and Thao kept bystanders back during the restraint.
Attorney General Keith Ellison, whose office prosecuted the state cases, said in a statement that he hopes Keung’s plea can bring comfort to Floyd’s family and “bring our communities closer to a new era of accountability and justice.” He also said his office is looking forward to a swift resolution of Thao’s case.
Thao waived his right to a jury trial, as well as his right to cross-examine the state’s witnesses, call witnesses of his own and testify. But he preserves his right to appeal. His attorney, Bob Paule, told The Associated Press that this allows Thao to still litigate the issue of his guilt or innocence, and “it’s ultimately up to the judge to decide whether this really constitutes aiding and abetting. “
As part of his plea agreement, Kueng admitted that he held Floyd’s torso, that he knew from his experience and training that restraining a handcuffed person in a prone position created a substantial risk, and that the restraint of Floyd was unreasonable under the circumstances.
Kueng agreed to a sentence of 3.5 years in prison, to be served at the same time as his federal sentence and in federal custody. He will be formally sentenced later and was being returned to federal custody—he has been at a prison in Ohio since early October.
In Thao’s case, both sides have until Nov. 17 to submit their materials to Cahill, who said he would decide within 90 days. If convicted of manslaughter, Thao would likely get about four years in prison, to be served at the same time as his federal sentence.
Thao, who has been at the federal medical center in Lexington, Kentucky, since early October, said in court that he wished to remain in Hennepin County sheriff’s custody while his case proceeds, even though he would be in solitary confinement.
Cahill said in court that Thao had recently suffered a concussion, but he did not say how. When asked if there had been an incident at the federal prison, a spokesman for the Bureau of Prisons said he could not comment, citing privacy, safety, and security reasons.
Chauvin was convicted of state murder and manslaughter charges last year and is serving 22.5 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. He is serving the sentences concurrently at the Federal Correctional Institution in Tucson, Arizona.
Kueng, Lane, and Thao were convicted of federal charges in February: 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.
Lane is serving his 2.5-year federal sentence at a facility in Colorado. He’s serving a three-year state sentence at the same time. Kueng was sentenced to three years on the federal counts; Thao got a 3.5-year federal sentence.
