MINNEAPOLIS (AP) — Three former Minneapolis police officers went before a federal judge in the past week to be sentenced for violating George Floyd’s civil rights, and for each man, U.S. District Judge Paul Magnuson imposed sentences well below what prosecutors had sought. and under federal guidelines.
Tou Thao, who held back concerned bystanders as Derek Chauvin knelt on Floyd’s neck, received 3 1/2 years. J. Alexander Kueng, who pressed Floyd’s back, got three. And Thomas Lane, who held Floyd’s legs and asked twice to roll the Black man onto his side, got 2 1/2.
For some members of Floyd’s family and activists, the sentences were too light — and a bitter reminder of a justice system they say doesn’t treat all people equally.
“Once again, our justice system has given preference to people who should be locked up forever,” Floyd’s uncle, Selwyn Jones, said Thursday. The police officers, he said, “contributed to the most brutal, disgusting killing in most of our lifetimes.”
Floyd, 46, died on May 25, 2020, after Chauvin, who is white, knelt on his neck for 9 1/2 minutes while Floyd repeatedly said he couldn’t breathe and eventually passed out. The killing, recorded by bystanders, sparked worldwide protests and uproar over racial injustice in policing.
Chauvin, who pleaded guilty to a federal charge in which he admitted he willfully deprived Floyd of his right to be free from unreasonable seizure, was sentenced to 21 years for that and an unrelated case involving a 14-year-old boy.
Lane, Tao and Kueng were convicted of depriving Floyd of medical care; Kueng and Thao were also convicted on a second count of failure to intervene. When sentencing in cases involving multiple defendants, judges must consider each defendant’s level of culpability and hand down sentences that are proportionate. Legal experts who spoke to The Associated Press did not expect any of them to receive sentences as long as Chauvin’s.
Mark Osler, a professor at the University of St. Thomas School of Law and a former federal prosecutor, called the convictions for the three “groundbreaking,” saying it was rare for officers who did not directly commit murder to be held accountable.
Paris Stevens, Floyd’s cousin and co-chair of the George Floyd Global Memorial, said she didn’t think Lane, Kueng and Tao should have received the same punishment as Chauvin — but the sentences they received were too low. She said police officers should be punished more severely because of the power they wield, and said the three men could have helped Floyd but didn’t.
“They were standing on the sidelines and kind of watching,” she said.
Stevens saw favoritism in Magnuson’s sentences.
“I think all officials are favored in court. Because historically that’s the way it’s played,” she said.
At their sentencing hearings, Magnuson said Lane, who is white, and Kueng, who is black, were rookies. He called Thao, who is Hmong American, “a good police officer, father and husband.” While he said the officers were to blame for violating Floyd’s rights, Magnuson also mentioned the numerous letters of support each officer has received. And during Chauvin’s sentencing, Magnuson appeared to suggest that Chauvin bore the brunt of the blame in the case, telling him: “You completely destroyed the lives of three young officers by taking command of the scene.”
Toshira Garraway, an activist who attended Wednesday’s sentencing hearings to support Floyd’s girlfriend, took exception to Magnuson’s assessment of Tao as “a good police officer, father and husband.”
“It had nothing to do with what he did on May 25, 2020,” Garraway said.
Ayesha Bell Hardaway, who directs the Law Center for Social Justice at Case Western Reserve University, said the judge “seems to have really lost track of what happened in those 9 minutes and 30 seconds” and what she called a “callous” killing.
She said Floyd’s killing has sparked widespread awareness of the harm excessive force and tactics can have, but she worries the convictions will undermine momentum for police reform.
“When somebody dies and we’re only talking about the potential of two years in prison, I think there’s a strong concern, a well-founded concern, that it demotivates the police to be more careful about how they choose to use force against people on the street.” , Hardaway said.
Osler said any jail time for an officer is likely to make other officers reconsider whether to refuse to intervene.
“Hopefully it has an impact on behavior change and prompts them to intervene when lives can be saved,” he said.
Angela Harrelson, Floyd’s aunt, said the judge showed favoritism when he allowed the three men to remain free pending sentencing and beyond — although that is often done in federal cases. Still, she celebrated the convictions as progress toward holding police accountable for their actions.
“There are many triumphs that have been achieved in moving forward. We’re on the right track and the police officers are being held accountable,” Harrelson said. “For black and brown people, we are dismantling the system. Peeling away before our eyes.”
In a separate state court proceeding, Chauvin was convicted of murder and manslaughter and sentenced to 22 1/2 years, to be served concurrently with his federal sentence. Lane pleaded guilty in state court to one count of aiding and abetting second-degree manslaughter and awaits sentencing there. Kueng and Thao face trial on October 24 on charges of aiding and abetting both murder and manslaughter.
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This story was first published on July 28, 2022. It was updated on July 29, 2022 to correct the spelling of Toshira Garraway’s last name.
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Groves reported from Sioux Falls, South Dakota. Associated Press/Report for America reporter Tricia Ahmed contributed from Minneapolis.
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Find complete AP coverage of the killing of George Floyd at:
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