Officer Charged With George Floyd Death Gets Nearly 5 Years in Jail

Former Minneapolis police officer Tou Thao, (L), and his attorney Robert Paule arrive for sentencing for violating George Floyd's civil rights outside the Federal Courthouse in St. Paul, Minn., on July 27, 2022. David Joles/Star Tribune via AP

Tou Thao, a former Minneapolis police officer who was involved in the death of George Floyd, has been sentenced to almost five years in prison.

During the Floyd incident in May 2020, Mr. Thao had held back people as another officer, Derek Chauvin, knelt on Mr. Floyd’s neck for more than nine minutes—an action said to be fatal. On Monday, Hennepin County Judge Peter Cahill sentenced Mr. Thao to a prison term of 4 years and nine months. “Based on the Court’s factual findings, there is proof beyond a reasonable doubt that Thao knew Chauvin was creating an unreasonable risk to Floyd. Thao was aware of the restraint, the officer’s actions, and the fact that Floyd was in medical distress,” the court ruling (pdf) said.

“Based on his training, Thao was actively aware that the restraint he witnessed grossly deviated from the standard of care, was extremely dangerous, and risked Floyd’s death … Like Chauvin, Thao consciously disregarded the risk that the restraint posed to Floyd, and Thao perceived that Chauvin consciously disregard that risk.”

The court went on to claim that Mr. Thao “intended that his presence or actions aid Chauvin’s commission of second-degree manslaughter.”

“Thao’s presence as a so-called ‘human traffic cone’ between the officers and Floyd and the bystanders also intentionally assisted the other officers, by allowing the other officers to continue the restraint and by preventing the bystanders from providing medical aid to Floyd.”

The court ruled that Mr. Thao’s actions that day were “objectively unreasonable from the perspective of a reasonable police officer.”

It argued that under the use of force and medical policies of the Minneapolis Police Department (MPD), where Mr. Thao was trained, it was “objectively unreasonable” to encourage fellow officers to engage in a “dangerous prone restraint for 9 minutes and 24 seconds” while preventing medical aid from reaching Floyd.

“Thao’s actions were even more unreasonable in the light of the fact that he was under a duty to intervene to stop the other officers’ excessive use of force and was trained to render medical aid.”

During the sentencing hearing, Mr. Thao said that he was “distressed” by Mr. Floyd’s death but rejected the notion that he played any role in it, according to AP.

“I did not commit these crimes,” he said. “My conscience is clear. I will not be a Judas nor join a mob in self-preservation or betray my God.”

Judge Cahill responded by stating that he was hoping for “more than preaching” and that “after three years of reflection, I was hoping for a little more remorse.”

Mr. Thao’s lawyer stated that they intend to appeal the decision.

Sentencing Mr. Thao

Back in February, Mr. Thao rejected a plea bargain on the state charge, saying that “it would be lying” to plead guilty when he knew he was not wrong. In May, Judge Cahill found Mr. Thao guilty of aiding and abetting second-degree manslaughter.

In the court, Assistant Attorney General Erin Eldridge accused Mr. Thao of having “stood by” and allowed the death of Mr. Floyd to happen. “He knew better, and he was trained to do better.”

Mr. Thao has so far spent 340 days behind bars, which will be credited toward his 4 year, nine-month sentencing. Judge Cahill’s verdict was longer than the 51 months that prosecutors had sought. It is also higher than the four-year term recommended per Minnesota’s state guidelines.

The former Minneapolis officer is already serving three and a half years behind bars on federal charges of denying Floyd his civil rights. A U.S. Court of Appeals had recently denied Mr. Thao’s appeal in that case. He will now serve the two sentences concurrently.

Inmates in Minnesota typically serve two-thirds of their sentences in prison, with the remaining third on parole. Though the federal system does not have parole, inmates can bring down their time in prison through good behavior.

Fate of Other Officers

In addition to Mr. Thao, the three other officers involved in the Floyd incident have also been sentenced by courts.

Thomas Lane had pleaded guilty to aiding and abetting second-degree manslaughter. Last year, he was sentenced to three years in prison. He received a two-and-a-half-year prison term for violating Floyd’s civil rights.

Alexander Kueng, who also pleaded guilty to aiding and abetting second-degree manslaughter, received a three-and-a-half-year prison term. He received a three-year sentence for the civil rights case.

Former Minneapolis police Officer Derek Chauvin addresses the court as Hennepin County Judge Peter Cahill presides over Chauvin's sentencing at the Hennepin County Courthouse in Minneapolis on June 25, 2021. Court TV via AP

Derek Chauvin, the person who had knelt on the neck of Floyd, was found guilty of murder and manslaughter, receiving 22 and a half years in prison. Last month, his lawyers announced that he intends to appeal the conviction. For the civil rights case, Mr. Chauvin was sentenced to a prison term of 21 years.

Mr. Chauvin and Mr. Lane are both white Americans. Mr. Keung is a black American and Mr. Thao is a Hmong American.

Mr. Floyd’s death triggered widespread protests, boosting the Black Lives Matter movement. While some have used the incident to push a racial agenda, others have criticized such actions due to Mr. Floyd’s history of crimes.

Back in 2009, Mr. Floyd was sentenced to five years in prison for entering a woman’s home and pressing a gun into her stomach as he searched the home for drugs and money.