Floyd family, others see inequality in penalties for ex-cops

Jul 28, 2022, 4:14 AM | Updated: Jul 29, 2022, 6:44 am
Former Minneapolis police officer Tou Thao, left, and his attorney Robert Paule arrive for sentenci...

Former Minneapolis police officer Tou Thao, left, and his attorney Robert Paule arrive for sentencing for violating George Floyd's civil rights outside the Federal Courthouse Wednesday, July 27, 2022 in St. Paul, Minn. The last two former Minneapolis police officers who were convicted of violating George Floyd’s civil rights have been sentenced in federal court. J. Alexander Kueng was sentenced Wednesday to three years and Thao got a 3 1/2-year sentence. They were convicted in February of two counts of violating Floyd’s civil rights. (David Joles/Star Tribune via AP)

(David Joles/Star Tribune via AP)

              George Floyd's partner Courteney Ross, left,  talks to the media outside the Federal Courthouse with Toshira Garraway Allen, an organizer for Families Supporting Families Against Police Violence Wednesday, July 27, 2022 in St. Paul, Minn. The last two former Minneapolis police officers who were convicted of violating George Floyd’s civil rights have been sentenced in federal court. J. Alexander Kueng was sentenced Wednesday to three years and Tou Thao got a 3 1/2-year sentence. They were convicted in February of two counts of violating Floyd’s civil rights.  (David Joles/Star Tribune via AP)
            
              Former Minneapolis police officer Tou Thao, left, and his attorney Robert Paule arrive for sentencing for violating George Floyd's civil rights outside the Federal Courthouse Wednesday, July 27, 2022 in St. Paul, Minn.  The last two former Minneapolis police officers who were convicted of violating George Floyd’s civil rights have been sentenced in federal court. J. Alexander Kueng was sentenced Wednesday to three years and Thao got a 3 1/2-year sentence. They were convicted in February of two counts of violating Floyd’s civil rights.  (David Joles/Star Tribune via AP)
            
              Former Minneapolis police officer J. Alexander Kueng, left, and his attorney Thomas Plunkett arrive for sentencing for violating George Floyd's civil rights outside the Federal Courthouse Wednesday, July 27, 2022 in St. Paul, Minn.  The last two former Minneapolis police officers who were convicted of violating George Floyd’s civil rights have been sentenced in federal court. J. Alexander Kueng was sentenced Wednesday to three years and Thao got a 3 1/2-year sentence. They were convicted in February of two counts of violating Floyd’s civil rights.  (David Joles/Star Tribune via AP)
            
              Former Minneapolis police officer Tou Thao, left, and his attorney Robert Paule arrive for sentencing for violating George Floyd's civil rights outside the Federal Courthouse Wednesday, July 27, 2022 in St. Paul, Minn.  The last two former Minneapolis police officers who were convicted of violating George Floyd’s civil rights have been sentenced in federal court. J. Alexander Kueng was sentenced Wednesday to three years and Thao got a 3 1/2-year sentence. They were convicted in February of two counts of violating Floyd’s civil rights.  (David Joles/Star Tribune via AP)
            
              FILE - This combo of photos provided by the Hennepin County Sheriff's Office in Minnesota, show Tou Thao, left, and J. Alexander Kueng. A federal judge on Wednesday, July 27, 2022, sentenced the two former Minneapolis police officers who were convicted of violating George Floyd’s civil rights to lighter terms than recommended in sentencing guidelines. Kueng was sentenced to three years in prison and Tou Thao was sentenced to 3 and a half years. (Hennepin County Sheriff's Office via AP, File)
            
              FILE - This June 3, 2020 file photo provided by the Hennepin County Sheriff's Office in Minnesota, shows J. Alexander Kueng. U.S. District Judge Paul Magnuson handed Kueng and Tou Thao a victory when he ruled that the complex formulas for calculating their sentences will use the crime of involuntary manslaughter, rather than murder, as a starting point. Magnuson will sentence the men in back-to-back hearings Wednesday, July 27, 2022, after they were convicted of violating George Floyd's civil rights when Officer Derek Chauvin pressed his knee into Floyd's neck for 9 1/2 minutes as the 46-year-old Black man was handcuffed and facedown on the street on May 25, 2020. (Hennepin County Sheriff's Office via AP, File)
            
              FILE - This photo provided by the Hennepin County Sheriff's Office in Minnesota on June 3, 2020, shows former Minneapolis Police Officer Tou Thao. U.S. District Judge Paul Magnuson handed J. Alexander Kueng and Thao a victory when he ruled that the complex formulas for calculating their sentences will use the crime of involuntary manslaughter, rather than murder, as a starting point. Magnuson will sentence the men in back-to-back hearings Wednesday, July 27, 2022, after they were convicted of violating George Floyd's civil rights when Officer Derek Chauvin pressed his knee into Floyd's neck for 9 1/2 minutes as the 46-year-old Black man was handcuffed and facedown on the street on May 25, 2020. (Hennepin County Sheriff's Office via AP, File)

MINNEAPOLIS (AP) — 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.

Tou Thao, who held back concerned bystanders as Derek Chauvin knelt on Floyd’s neck, got 3 1/2 years. J. Alexander Kueng, who pinned Floyd’s back, got three. And Thomas Lane, who held Floyd’s feet and asked twice about rolling the Black man on his side, got 2 1/2.

For some Floyd family members and activists, the penalties were too small — and a bitter reminder of a justice system they say does not treat all people equally.

“Once again, our judicial system favored people that should be locked up forever,” Floyd’s uncle, Selwyn Jones, said Thursday. The officers, he said, “contributed to the most brutal, heinous 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 as Floyd repeatedly said he couldn’t breathe and eventually grew still. The killing, recorded by bystanders, sparked protests worldwide and a reckoning over racial injustice in policing.

Chauvin, who pleaded guilty to a federal count in which he admitted willfully depriving Floyd of his right to be free from unreasonable seizure, was sentenced to 21 years for that and for an unrelated case involving a 14-year-old boy.

Lane, Thao and Kueng were all convicted of depriving Floyd of medical care; Kueng and Thao were also convicted on a second count of failing to intervene. When issuing sentences in cases that include multiple defendants, judges have to look at each defendant’s level of culpability and issue sentences that are proportional. 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 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.

“They stood by and kind of watched,” she said.

Stevens saw favoritism in Magnuson’s sentences.

“I think all officers get favoritism in the court of law. Because historically that’s the way it’s played out,” 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 culpable for violating Floyd’s rights, Magnuson also mentioned numerous letters of support that each officer received. And during Chauvin’s sentencing, Magnuson appeared to suggest that Chauvin bore the most blame in the case, telling him: “You absolutely destroyed the lives of three young officers by taking command of the scene.”

Toshira Garraway, an activist who attended the sentencing hearings on Wednesday to support Floyd’s girlfriend, took exception to Magnuson’s assessment of Thao as “a good police officer, father and husband.”

“That was irrelevant to what he did on May 25, 2020,” Garraway said.

Ayesha Bell Hardaway, who directs the Social Justice Law Center at Case Western Reserve University, said the judge “seemed to really have lost track of what occurred during those 9 minutes and 30 seconds” and what she called an “egregious” killing.

She said Floyd’s killing sparked widespread awareness of the harm that excessive force and tactics can have, but worried that the sentences will undermine momentum for police reform.

“When someone 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 this removes the motivation for police to be more mindful of the way they choose to use force against individuals on the street,” Hardaway said.

Osler said any prison time for a police officer would likely make other officers think twice about declining to intervene.

“We should hope that it has the impact of changing behavior and prodding them to intervene when a life can be saved,” he said.

Angela Harrelson, an aunt of Floyd’s, said the judge showed favoritism when he allowed the three men to remain free pending sentencing and afterward — although that is frequently done in federal cases. Still, she celebrated the guilty verdicts as progress toward holding police accountable for their actions.

“There’s a lot of triumphs that have been made in pushing forward. We are on the right track and police officers are being held accountable,” Harrelson said. “For Black and brown people, we are dismantling the system. It is peeling away before our eyes.”

In separate proceedings in state court, Chauvin was convicted of murder and manslaughter and was sentenced to a 22 1/2 years, which is being served at the same time as his federal sentence. Lane pleaded guilty in state court to one count of aiding and abetting second-degree manslaughter and is awaiting sentencing there. Kueng and Thao face an Oct. 24 trial on charges of aiding and abetting both murder and manslaughter.

___

This story was first published July 28, 2022. It was updated July 29, 2022, to correct the spelling of Toshira Garraway’s last name.

___

Groves reported from Sioux Falls, South Dakota. Associated Press/Report for America reporter Trisha Ahmed contributed from Minneapolis.

___

Find AP’s full coverage of the killing of George Floyd at: https://apnews.com/hub/death-of-george-floyd

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Three children and three adults were killed in a shooting at a private Christian grade school in Na...
Associated Press

Police: Nashville school shooting suspect was former student

Three children were killed in a shooting at a private Christian grade school in Nashville on Monday, hospital officials said.
13 hours ago
(Photo from KIRO 7)...
Associated Press

Police: passenger pulled jet’s emergency slide before LAX to SEA flight

A passenger on a Delta Air Lines flight out of Los Angeles International Airport was detained for triggering the plane’s emergency slide prior to takeoff, authorities said.
13 hours ago
Law enforcement officials work at the scene along Wooding Road on Wednesday, March 22, 2023, east o...
Associated Press

Why murder defendant was free before killings in Washington

Kirkland Warren was out on bail pending a long-delayed murder trial in Arkansas. But when he was arrested in Washington, he posted bond and was released.
13 hours ago
fishery...
Associated Press

Much of drought-plagued West Coast faces salmon fishing ban

The surreal and desperate scramble boosted the survival rate of the hatchery-raised fish, but still it was not enough to reverse the declining stocks in the face of added challenges.
4 days ago
UCLA's Jaime Jaquez Jr. (24) shoots while defended by Gonzaga's Rasir Bolton (45) in the first half...
Associated Press

Gonzaga beats UCLA 79-76 in Sweet 16 on Strawther’s shot

Julian Strawther hit a 3-pointer with 6 seconds left to answer a 3-pointer by UCLA's Amari Bailey, lifting Gonzaga to a wild 79-76 NCAA Tournament win over UCLA Thursday night in the Sweet 16.
4 days ago
transportation...
Associated Press

Officials: Safety device, human error derailed Wash. train

A safety device failed, knocking a train off the tracks last week, spilling diesel after leaving an oil refinery in Anacortes.
4 days ago

Sponsored Articles

Emergency Preparedness...

Prepare for the next disaster at the Emergency Preparedness Conference

Being prepared before the next emergency arrives is key to preserving businesses and organizations of many kinds.
SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!
safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Lake Washington Windows...

Choosing Best Windows for Your Home

Lake Washington Windows and Doors is a local window dealer offering the exclusive Leak Armor installation.
Floyd family, others see inequality in penalties for ex-cops