GUILTY MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #21

Wednesday, July 27th:
*Sentencing Hearing (@ 11am CT) –MN - George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody). *Federal Grand Jury indicted & charged (5/7/21) & arraigned (9/14/21) Tou Thao (34/now 36) & J. Alexander Kueng (26/now 28) for violated Floyd’s civil rights. Charged with violating Floyd's right to be free from unreasonable seizure, alleging they willfully failed to intervene to stop Chauvin’s unreasonable force, resulting in bodily injury to & the death of Mr. Floyd & failure to provide Floyd with medical care. Both plead not guilty. Released on $25K unsecured bonds.
*Thomas Kiernan Lane (37/now 39) is charged with failure to provide Floyd with medical care. Plead not guilty. Released on $25K unsecured bonds. Found guilty on 2/24/22. Lane was sentenced (7/21/22) to 2 ½ years in Federal prison.
Trial began on 1/24/22 & on 2/24/22 jury total deliberations: ~13 hours. Thao, Kueng & Lane were all found guilty – of all charges.
See post #355 for more info on jury deliberations here:
https://www.websleuths.com/forums/t...-25-may-2020-21-officers-trial.586952/page-18

Info on indictment of 5/7/21 & court info from 5/15/21 thru 1/21/22 & Jury Selection (1/20/22) & trial (Days 1-18) 1/24/22 to 2/22/22 & Jury deliberations (Day 1-2) 2/23 to 2/24/22 & 2/28/22 thru 7/21/22 reference post #355 here:
https://www.websleuths.com/forums/t...-25-may-2020-21-officers-trial.586952/page-18

7/21/22 Update: A pre-sentencing hearing on 7/22/22 for Kueng & Thao. 7/19/22 Update: Motion (#397) to permit victims to attend the sentencing hearings telephonically by USA. (#398): Due to the funeral services for Deputy Marshal Sinderman, the Marshals Service has requested that the Court hold no in-person criminal proceedings on Friday, 7/22/22. Therefore, the parties have agreed to hold this hearing via Zoom. NOTICE: Remote public access available. 7/20/22: Order (#399) granting (#397) motion to permit victim's family to appear at hearings telephonically. 7/21/22: #401: Sentencing; #402: Sentencing judgment; #403: Statement of reasons & #404: Order.
7/22/22 Update: After a half-hour hearing Friday to dispute sentencing guideline calculations, Kueng & Thao now also stand to receive lesser sentences than they might otherwise have received. Magnuson sided, in part, with arguments raised by attorneys for the two ex-officers by finding that involuntary manslaughter & not second-degree murder should be used to calculate the offense levels in their cases. Magnuson found that those facts precluded the element of "malice aforethought" necessary to prove second-degree murder. Magnuson rejected a motion from the defense attorneys not to enhance the penalty based on the two men acting under "color of law," arguing that their position as law enforcement officers was already addressed in the criminal conviction. Kueng & Thao also asked for a reduction in the calculation for "mitigating roles" in the crime. But Magnuson wrote that because the "mitigating-role determination is unique to each Defendant & dependent on the facts of each case, the Court will rule on these requests at sentencing." Sentencing hearing on 7/27/22.
MN (State case) – George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody) – Tou Thao (34/now 36), Thomas Kiernan Lane (37/now 38), & J. Alexander Kueng (26/now 28) -
Trial set to begin on 6/13/22 with jury selection & trial set to begin on 7/5/22.
6/6/22 Update: The cases against Thao & Kueng have been rescheduled for a joint trial with jury selection set for 10/24/22 & opening statements on 11/7/22.

Bond conditions & court info from 6/3/20 to 8/17/21 reference post #979 here:
https://www.websleuths.com/forums/t...ody-minneapolis-25-may-2020-20.567758/page-49

4/4/22 Update: Motions hearing on 4/11/22. 5/18/22: Hearing on 5/18/22. Lane plead guilty to a state charge of aiding & abetting second-degree manslaughter. As part of Wednesday’s plea deal, Thomas Lane will have a count of aiding & abetting 2nd degree unintentional murder dismissed & will be sentenced on 9/21/22. Kueng & Thao: Next pretrial motions hearings on 9/26/22 & 9/27/22. Motions in Limine hearing on 10/6/22 & 10/7/22 @ 9am each day by Zoom.
 
Found an article.


July 27, 2022
ST. PAUL, Minn. (AP) — A former Minneapolis police officer convicted of violating George Floyd’s civil rights was sentenced in federal court Wednesday to three years in prison, with a judge citing J. Alexander Kueng’s rookie status in handing down a punishment lighter than called for in guidelines.

U.S. District Judge Paul Magnuson went below a range of 4¼ to 5¼ years called for in complex formulas that help determine sentences, and despite prosecutors arguing that Kueng “didn’t say a word” to stop Officer Derek Chauvin from killing Floyd as Chauvin knelt on Floyd’s neck for 9 1/2 minutes.
[.....]
Magnuson called Floyd’s death “a serious offense” and said there was no question that Kueng violated his rights by failing to get off him when Floyd became unresponsive during the May 25, 2020, arrest. But he also held up what he called “an incredible number” of letters supporting Kueng that he said came from other police officers.

“You were truly a rookie officer,” Magnuson told Kueng.
[.....]
Kueng’s attorney, Tom Plunkett, had sought a two-year sentence, according to prosecutors.


Prosecutor Manda Sertich rejected an argument that Kueng deserved leniency because of his inexperience.
[.....]
The lower sentence for Kueng raises questions about whether he would consider a plea deal or risk a state court trial on Oct. 24, when he and Thao face counts of aiding and abetting second-degree murder and second-degree manslaughter.
 

Ex-cops Kueng, Thao sentenced for violating Floyd’s …


A federal judge on Wednesday sentenced two former Minneapolis police officers who were convicted of violating George Floyd’s civil rights to lighter terms than recommended in sentencing guidelines, calling one "truly a rookie officer" and describing the other as "a good police officer, father and husband."

U.S. District Judge Paul Magnuson sentenced J. Alexander Kueng to three years in prison and Tou Thao to 3½ years for violating Floyd’s rights in the May 25, 2020, killing
 
Floyd Family, Others See Inequality in Penalties for Ex-Cops Three former Minneapolis police officers went before a federal judge during the last week to be sentenced for violating George Floyd’s civil rights, and for each man, U.S. District Judge Paul Magnuson handed out penalties well below what prosecutors sought and below federal guidelines.

Floyd Family, Others See Inequality in Penalties for Ex-Cops

Mark Osler, a professor at the University of St. Thomas School of Law and former federal prosecutor, called the sentences for the three “groundbreaking," saying it's rare for officers who don't directly commit killings to be held accountable.
Paris Stevens, Floyd's cousin and a co-chair of the George Floyd Global Memorial, said she didn't think Lane, Kueng and Thao should have gotten the same penalty as Chauvin — but the sentences they got were too low. She said police officers should be punished more harshly because of the power they hold, and said the three men could have helped Floyd, but didn't.
 

Ex-cops Kueng, Thao sentenced for violating Floyd’s …


A federal judge on Wednesday sentenced two former Minneapolis police officers who were convicted of violating George Floyd’s civil rights to lighter terms than recommended in sentencing guidelines, calling one "truly a rookie officer" and describing the other as "a good police officer, father and husband."

U.S. District Judge Paul Magnuson sentenced J. Alexander Kueng to three years in prison and Tou Thao to 3½ years for violating Floyd’s rights in the May 25, 2020, killing
This is INFURIATING.
 
No surprise here!


August 10, 2022

MINNEAPOLIS -- Former Minneapolis police officers Tou Thao and J. Alexander Kueng will appeal their federal sentences for violating George Floyd's civil rights.

Their lawyers filed their intent to appeal on Wednesday.

In July, Thao was sentenced to 3.5 years and Kueng to 3 years, after a jury found them guilty 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.
[.....]
Thao and Kueng await a state trial that is slated to begin on Oct. 24.



These 2 have a pretrial hearing on 10/6 & 10/7 for the State case.
 

August 11, 2022

MINNEAPOLIS (AP) — A judge scheduled a hearing for Monday [8/15/22] on the “status of plea negotiations” for the two remaining officers awaiting trial on state charges in the killing of George Floyd, with the hearing coming after the judge’s window for accepting any deal appears to have closed.

Hennepin County Judge Peter Cahill said in previous orders that he would not accept plea agreements unless they came within a 15-day window after former Officers Tou Thao and J. Alexander Kueng were sentenced in federal court on separate civil rights charges. Those sentences came down July 27. His orders did not specify business days or calendar days.

Court spokesman Matt Lehman said only that Monday’s scheduled 9 a.m. hearing was “to discuss the status of plea negotiations.”
 
I shall shorten this up a bit - it has been awhile since they were in court.

Monday, August 15th:
*Status Hearing re Plea Negotiations (State) (@ 9am CT) - MN – George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody) – for *Tou Thao (34/now 36) & *J. Alexander Kueng (26/now 28) were fired (5/26/20), arrested (6/3/20) & charged (6/4/20) with aiding & abetting 2nd degree murder-unintentional-while committing a felony & aiding & abetting 2nd degree manslaughter-culpable negligence creating unreasonable risk. Bond set at $1M for all or bond conditions @ $750K. Kueng released (6/19/20) on $750K bond with conditions. Thao released (7/4/20) on $750K bond with conditions.
*Thomas Kiernan Lane (37/now 39) plead guilty (5/18/22) to a State charge of aiding & abetting 2nd degree manslaughter. As part of Wednesday’s plea deal, Thomas Lane will have a count of aiding & abetting 2nd degree unintentional murder dismissed. Per plea will only serve 3 years in Federal prison currently with his federal sentence of violating Floyd’s civil rights. Sentencing on 9/21/22.
Trial was set to begin on 6/13/22 with motions hearing & with jury selection starting on 6/14/22. Opening statements begin 7/5/22.
Trial has been moved to: Trial was set to begin on 1/5/23 & 1/6 with motions hearing & jury selection starts on 1/9/23.
Trial has been changed to begin on 10/24/22 with jury selection. Opening statements will begin on 11/7/22. The jury won't be sequestered except for deliberations, but with security restrictions. (No trial on 11/11 & 11/23-25/22). Trial will be finished & deliberations will begin on or before 12/16/22.

Bond conditions & court info from 6/3/20 to 6/17/22 reference post #332 here:
https://www.websleuths.com/forums/t...ody-minneapolis-25-may-2020-21.586952/page-17

6/20/22 Update: Prosecutors are asking that the trial of Thao & Kueng to begin months earlier than currently scheduled. Assistant Minnesota Attorney General Matthew Frank wrote Friday to Hennepin County District Judge Peter Cahill that the filing was being made "on behalf of the family of George Floyd," who died on May 25, 2020, while under the knee of another fired officer, Derek Chauvin. Frank cited the "speedy trial" provision under the state's court rules of criminal procedure in making his request. The one-page document offered no further elaboration. Kueng's defense attorney filed a response over the weekend that not only seeks to have the trial pushed even further out by at least three months from its current Jan. 5 start, but he also disclosed that there have been at least two meetings in Cahill's chambers, where plea negotiations were discussed. The first meeting occurred on March 9, followed by another on May 27, nine days after fellow fired officer Thomas Lane pleaded guilty for his role in Floyd's death while in police custody. Cahill has scheduled a hearing on the matter for 8:30 a.m. Tuesday, 6/21/22, when attorneys on both sides will be heard. If the speedy trial request is granted, the trial could start in mid-August.
6/21/22 Update: Order Granting Motion Index #598 (TT) & #604 (JK). State’s motion to moved trial to 10/24/22 has been granted. Trial on 1/5/23 has been cancelled. Next pretrial motions hearings on 9/26/22 & 9/27/22. Motions in Limine hearing on 10/6/22 & 10/7/22 @ 9am each day by Zoom. Trial will commence with jury selection on 10/24/22 @ 9am. Each defendant will have 5 peremptory strikes & the State will have a total of 6 peremptory strikes. Questionnaires shall be sent out to a new panel of jurors on or about 7/25/22. Opening statements & presentation of evidence will begin 11/7/22 @ 9:15am. The Court will be in recess for 11/11/22 Veteran's Day & on 11/23-25/22 for Thanksgiving. Trial will be finished & deliberations will begin on or before 12/16/22. 7/22/22 Update: Pretrial motions hearing on 9/26/22 & 9/27/22 have been vacated. Next Motions in Limine hearings on 10/6/22 & 10/7/22.
8/11/22 Update: Hennepin County Judge Peter Cahill scheduled a hearing for Monday, 8/15/22 on the “status of plea negotiations” for the two remaining officers awaiting trial on State charges in the killing of George Floyd, with the hearing coming after the judge’s window for accepting any deal appears to have closed. Judge Cahill said in previous orders that he would not accept plea agreements unless they came within a 15-day window after former Officers Thao & Kueng were sentenced in Federal court on separate civil rights charges. Those sentences came down 7/27/22. His orders did not specify business days or calendar days. Court spokesman Matt Lehman said only that Monday’s scheduled 9am hearing was “to discuss the status of plea negotiations.”
*Federal Grand Jury indicted & charged (5/7/21) Tou Thao (34/now 36) & J. Alexander Kueng (26/now 28) for violated Floyd’s civil rights. Charged (5/7/21) & arraigned (7/14/21) with violating Floyd's right to be free from unreasonable seizure, alleging they willfully failed to intervene to stop Chauvin’s unreasonable force, resulting in bodily injury to & the death of Mr. Floyd & failure to provide Floyd with medical care. Thomas Kiernan Lane (37/now 39) is charged with failure to provide Floyd with medical care. All released on $25K unsecured bond. All plead not guilty on 9/14/21.
All found guilty: Thomas Kiernan Lane (37/now 38) – 7/21/22: Sentenced to 2 ½ years (30 mos.) in prison. Tou Thao (34/now 36) – 7/27/22: Sentenced to 3 ½ years (42 mos.) in prison & J. Alexander Kueng (26/now28) – Sentenced to 3 years (36 mos.) in prison.
*Derek Michael Chauvin (44) - Federal grand jury indicts (5/7/21) for violating Floyd’s civil rights & 14 yr, old boy. Plead guilty to all charges on 12/15/21. 7/7/22: Sentenced to 21 years (252 mos.) in prison.
 

August 15, 2022

UPDATE 9:20 a.m. – Two former Minneapolis police officers who are charged in connection to George Floyd’s death in May 2020 have rejected a plea deal offer, cementing a state trial.

Monday morning, ex-officers Tou Thao and J Alexander Kueng rejected a final plea deal of 36 months from the state. The deal would drop the highest offense of aiding and abetting second degree murder, and then require both defendants to admit to aiding abetting second degree manslaughter.

The deal would have run concurrently with a federal sentence they received earlier this year. Kueng was sentenced to three years in prison, while Thao was sentenced to three and a half years.

During the hearing, Thao said it would be a “lie and sin” to accept the plea deal.
 
Docket update - for Thao & Kueng:


08/15/2022 Hearing (9:00 AM) (Judicial Officer Cahill, Peter A.)
Result: Held On the Record

08/15/2022 Hearing Held In-Person

10/06/2022 Hearing (9:00 AM) (Judicial Officer Cahill, Peter A.)

10/07/2022 Hearing (9:00 AM) (Judicial Officer Cahill, Peter A.)

10/24/2022 Jury Trial (9:00 AM) (Judicial Officer Cahill, Peter A.)

link: https://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=1628112172


I shall check next week to see if there is a hearing before the October one.
 
Docket update - for Thao & Kueng:


08/15/2022 Hearing (9:00 AM) (Judicial Officer Cahill, Peter A.)
Result: Held On the Record

08/15/2022 Hearing Held In-Person

10/06/2022 Hearing (9:00 AM) (Judicial Officer Cahill, Peter A.)

10/07/2022 Hearing (9:00 AM) (Judicial Officer Cahill, Peter A.)

10/24/2022 Jury Trial (9:00 AM) (Judicial Officer Cahill, Peter A.)

link: https://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=1628112172


I shall check next week to see if there is a hearing before the October one.
Thanks for all the updates, @Niner !
 
The 2 October hearings are motions in Limine.

Next up is Lane's State case sentencing on 9/21/22 &
Chauvin is due in court on 9/23/22 for his tax evasion charge.
Thanks!
I got lost in all these trials of DCh o_O
And to think he was LE once!

Keep informing us, please.
And what about DCh's wife and her tax evasion trial?
 

J. Alexander Kueng and Tou Thao are both scheduled to be tried starting Oct. 24 on charges of aiding and abetting second-degree murder and second-degree manslaughter.

Lane pleaded guilty in May to aiding and abetting second-degree manslaughter, accepting a plea deal, and is scheduled to be sentenced on Sept. 21.
 

Ex-cop Lane will report to Colorado prison in …

MINNEAPOLIS (AP) — Former Minneapolis police officer Thomas Lane, who was sentenced to 2 1/2 years for violating George Floyd’s civil rights, will do his time at a low-security federal prison camp in Colorado.

A court order Tuesday directs Lane to report to the Federal Correctional Institution Englewood in the Denver suburb of Littleton on Aug. 30.

U.S. District Judge Paul Magnuson had recommended that the Bureau of Prisons send Lane to the low-security prison camp in Duluth, closer to his home, but the bureau makes the final decisions on where to place inmates, including weighing safety concerns.

“He should be fine there,” said Lane's defense attorney, Earl Gray.
 

Ex-cop Lane will report to Colorado prison in …

MINNEAPOLIS (AP) — Former Minneapolis police officer Thomas Lane, who was sentenced to 2 1/2 years for violating George Floyd’s civil rights, will do his time at a low-security federal prison camp in Colorado.

A court order Tuesday directs Lane to report to the Federal Correctional Institution Englewood in the Denver suburb of Littleton on Aug. 30.

U.S. District Judge Paul Magnuson had recommended that the Bureau of Prisons send Lane to the low-security prison camp in Duluth, closer to his home, but the bureau makes the final decisions on where to place inmates, including weighing safety concerns.

“He should be fine there,” said Lane's defense attorney, Earl Gray.

But.... he has a sentencing hearing on 9/21/22 for his State charges.

from court site:

09/21/2022 Sentencing (9:00 AM) (Judicial Officer Cahill, Peter A.)

link: https://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=1628112177


So they will bring him back to MN for this?
 

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