St. Paul, Minnesota (CNN)Former Minneapolis police officers Tou Thao, J. Alexander Kueng and Thomas Lane were found guilty of violating George Floyd's civil rights by a federal jury in St. Paul, Minnesota, on Thursday.
The 12 jurors -- four men and eight women -- found Lane, Kueng and Thao guilty of depriving Floyd of his civil rights by showing deliberate indifference to his medical needs as former Minneapolis police officer Derek Chauvin knelt on Floyd for more than 9 minutes on May 25, 2020, ultimately killing him. The jurors also found Thao and Kueng guilty of an additional charge for failing to intervene to stop Chauvin. Lane, who did not face the extra charge, testified that he asked Chauvin twice to reposition Floyd while restraining him but was denied both times.
Violating a person's civil rights "is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any," according to the Department of Justice. Federal sentencing guidelines suggest the officers could receive a lesser sentence.
The three men remain free on bond and are expected to start pre-sentencing proceedings next week.
The charges stemmed from the officers' actions -- or lack thereof -- as Chauvin pressed his knee into the neck and back of Floyd, who was handcuffed and lying on his stomach on the pavement. Kueng and Lane, both rookie officers, held down Floyd's torso and legs, respectively, while Thao stood nearby and kept a crowd of upset bystanders back.
"This is just accountability, it can never be justice because I can never get George back," Floyd's brother, Philonise Floyd, said in a news conference Thursday evening.
The case quickly gripped the nation's attention two years ago when a bystander's video showed Chauvin kneeling on Floyd's neck as the 46-year-old Black man pleaded he couldn't breathe. Floyd's last words became a rallying cry during a summer of global protests against police brutality and racial injustice.
"Today closes another important chapter in our journey for justice for George Floyd and his family," the Floyd legal team, including attorney Ben Crump, said in a statement after the verdict on Thursday. "Today's guilty verdicts should serve as the guiding example of why police departments across America should expand and prioritize instruction on an officer's duty to intervene and recognize when a fellow officer is using excessive force."
Chauvin was convicted last spring of murder and manslaughter in a state trial and was sentenced to more than 22 years in prison. Lane, Kueng and Thao, will face a state trial in June on charges of aiding and abetting in the killing, which was pushed back so the federal proceedings could take place first. They have pleaded not guilty to those charges.
"We hope, and we expect, that these officers will once again be held accountable for their lack of humanity," the Floyd legal team said in their statement Thursday.
As part of a plea agreement, Chauvin pleaded guilty in December to the federal civil rights charges related to Floyd's death and the restraint of a teenager in a separate incident. He now faces between 20 and 25 years in prison. Prosecutors requested that he be sentenced to 25 years in prison, to be served concurrently with the sentence from his state trial.
George Floyd's brother, Philonise Floyd, speaking during a news conference after the verdict was announced on Thursday.
What prosecutors had to prove
At the start of deliberations, the judge instructed jurors that to find the three officers guilty of violating Floyd's rights, they had to find that Floyd had "an objectively serious medical need," that the defendants knew about it and disregarded that need "by failing to take reasonable measures to address it."
For Thao and Kueng's extra charge, jurors were instructed there were multiple conditions to find guilt.
"In order to find that any defendant failed to intervene in violation of the Constitution, you must find that the defendant saw Derek Chauvin use force, that the defendant recognized that the use of force was unreasonable, that the defendant had a realistic opportunity to prevent further harm from occurring, and that the defendant chose not to do so," the instructions read.
Both of the counts dealt with critical definitions about whether the officers acted willfully and with specific intent -- critical definitions which were argued back and forth during the trial by prosecutors and defense attorneys.
Prosecutors argued in trial that Floyd could have survived the arrest but that the three officers, despite knowing the amount of force that was being used, chose not to intervene and save Floyd's life as he repeatedly complained he couldn't breathe under Chauvin's knee.
"It wasn't a split-second use of force like a gunshot," Assistant US Attorney Manda Sertich said during closing arguments, referring to Thao and Kueng's extra charge of not intervening to stop Chauvin. "Not 30 seconds, not a minute, several minutes -- 569 seconds."
The officers' defense attorneys argued their clients did not willfully fail to help Floyd, with Thao's lawyer saying in closing arguments that "just because something has a tragic ending doesn't mean it's a crime." Attorneys for Kueng and Lane pointed out their clients had insufficient training and were subordinate to Chauvin, who was a longtime veteran of the force. "We don't need commanders to tell us that if someone has seniority over you, you listen to them," Lane's attorney, Earl Gray, told the court Tuesday. "It's common sense."
"They didn't have to intend to harm Mr. Floyd," Assistant US Attorney LeeAnn Bell countered during her rebuttal argument Tuesday. "They just needed to know they could take certain actions under the law and failed to do so."
Jurors deliberated for roughly 13 hours over two days before reaching their verdict.
How the fatal arrest of George Floyd unfolded 04:39
The officers testified in the trial
The three officers' federal trial began on January 24.
Darnella Frazier, the now 18-year-old girl who recorded the cell phone video of Floyd's death, testified she was accompanying her cousin to the Cup Foods store when they encountered officers and a man on the ground who was saying, "I can't breathe."
"I didn't see George Floyd resist at all," Frazier told the court, but added that Chauvin remained on top of him. Frazier testified she saw Floyd's nose bleeding as he became unresponsive and then "unconscious."
Each of the three former officers took the stand to testify about their thoughts and actions during the restraint, a stark contrast from Chauvin's silence during his state trial.
Kueng and Lane were the first officers to respond to the Cup Foods store on that day after reports that Floyd had tried to use a counterfeit $20 bill. They later helped Chauvin restrain Floyd -- Kueng held down Floyd's torso while Lane held his legs -- and Thao held back a group of bystanders shouting at the officers to get off Floyd.
Thao, the first of the three to testify, told the court he assumed the other officers on the scene were "taking care" of Floyd, and that his role transitioned to crowd and traffic control. He testified that he was aware that Lane and Kueng were new officers and said that while he saw Chauvin put a knee to Floyd's neck, it was not uncommon to see Minneapolis officers use their knee when making an arrest. When prosecutors asked Thao during cross-examination why he didn't tell Chauvin to get off Floyd's neck, he said: "I think I would trust a 19-year veteran to figure it out."
Photos: How George Floyd's death reignited a movement
Protesters face off with police during a rally in Minneapolis on May 26. It was the day after George Floyd, a 46-year-old Black man, was killed by a Minneapolis police officer.
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People gather and pray around a makeshift memorial in Minneapolis on May 26. It was near the site where Floyd was taken into police custody.
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Crowds gather in the street at a protest in Minneapolis on May 26.
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Three women join hands in Minneapolis as they pray around a makeshift memorial for Floyd on May 26.
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People gather outside a police precinct during demonstrations in Minneapolis on May 26.
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A car in Minneapolis is hit with tear gas on May 26.
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Milk is poured on the face of a protester who had been exposed to tear gas in Minneapolis on May 26.
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Police try to disperse crowds in Minneapolis on May 26.
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Minneapolis protesters gather in the rain on May 26.
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People join hands across a freeway during a protest in Los Angeles on May 27.
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Demonstrators in Minneapolis raise their hands during a standoff with police on May 27.
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Two police officers stand on the roof of a Minneapolis police precinct during demonstrations on May 27.
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Protesters use shopping carts as a barricade as they confront police near a Minneapolis police precinct on May 27.
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Demonstrators gather in Memphis, Tennessee, on May 27.
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A firework explodes as a fire burns inside an AutoZone store in Minneapolis on May 27.
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People look on as a construction site burns in Minneapolis on May 27.
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People use garden hoses and buckets to save homes in Minneapolis after rioters set fire to a housing complex under construction on May 27.
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Crews work to put out fires after an apartment building under construction was burned to the ground during protests in Minneapolis on May 28.
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A woman yells at a sheriff's deputy during a protest in Minneapolis on May 28.
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Protesters speak to police officers during a demonstration in New York City on May 28.
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A protester is detained by police during a rally in New York City's Union Square on May 28.
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People demonstrate outside of a burning Minneapolis police precinct on May 28.
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Protesters link arms and surround a police officer to protect him from a crowd in Louisville, Kentucky, on May 28.
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A protester in Memphis winces in pain after being hit with pepper spray by police on May 28.
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A protester carries an American flag upside down next to a burning building in Minneapolis on May 28.
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A protester moves around a smoke-filled police precinct in Minneapolis on May 28.
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A protester dumps fuel on a fire at a Minneapolis police precinct on May 28.
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People vandalize a Walgreens store during protests in Oakland, California, on May 29.
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Protesters gather in front of a burning fast-food restaurant in Minneapolis on May 29.
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Demonstrators in Oakland climb atop a truck while blocking all lanes of traffic on Interstate 880 on May 29.
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Protesters confront police officers while blocking the 110 Freeway in Los Angeles on May 29.
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Police gather along Minneapolis' Lake Street early on May 29 as fires burned after a night of unrest.
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CNN journalist Omar Jimenez is taken into custody during a live broadcast May 29 at the site of protests in Minneapolis. Jimenez's crew was also placed in handcuffs and later released. Gov. Tim Walz apologized for the arrests and said he took full responsibility.
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Protesters walk through downtown Lexington, Kentucky, on May 29.
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A protester takes a knee in front of police officers in San Jose, California, on May 29.
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Protesters burn a flag outside the CNN Center in Atlanta on May 29.
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Jamela J. Pettiford sings during a protest outside the Hennepin County Government Center in Minneapolis on May 29.
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Demonstrators protest outside CNN headquarters in Atlanta on May 29.
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Demonstrators walk along Pennsylvania Avenue in Washington, DC, on May 29.
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A police officer in Boston holds down a protester while another officer uses pepper spray on May 29.
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Protesters chant in Civic Center Park during a rally in Denver on May 29.
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Protesters ride in cars during a demonstration in Louisville on May 29.
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A man walks away as a car burns in a Minneapolis parking garage on May 29.
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Police form a line near the Centennial Olympic Park and CNN Center in Atlanta on May 29.
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People in Minneapolis try to extinguish burning cars on May 29.
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A demonstrator is injured during a protest near the White House on May 30.
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Police officers kneel during a rally in Coral Gables, Florida, on May 30.
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Journalist Ed Ou is seen bleeding on May 30 after police fired tear gas and rubber bullets at protesters violating curfew in Minneapolis. He suffered a scalp wound and needed several stitches.
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A Los Angeles Police Department kiosk burns in The Grove shopping center during a protest on May 30.
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A police officer shoots rubber bullets at protesters who were throwing rocks and water bottles during a demonstration in Miami on May 30.
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People with signs and masks that read "I can't breathe" attend a protest in Chicago on May 30.
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A protester holds a sign while a vehicle burns in a Philadelphia street on May 30.
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People gather on top of a baseball backstop during a protest in Los Angeles on May 30.
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Thousands of people stage a "die-in" protest at the Colorado State Capitol in Denver on May 30.
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Genesee County Sheriff Chris Swanson high-fives a woman who called his name as he marches with protesters in Flint, Michigan, on May 30.
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Protesters march near the Salt Lake City Police Department on May 30.
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Protesters chant outside Dallas City Hall on May 30.
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Bridges over the Chicago River are lifted to limit transportation to and from the Loop, where protesters clashed with police on May 30.
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Protesters hold up metal gates as they build a barrier on a Las Vegas roadway on May 30.
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Police push people back as they detain a protester in Las Vegas on May 30.
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Looters ransack an Urban Outfitters store in Seattle on May 30.
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A firework explodes by a police line near the White House on May 30.
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Protesters link arms in Charlotte, North Carolina, on May 30.
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A protester runs past burning cars and buildings in St. Paul, Minnesota, on May 30.
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Jeffrey Maddrey, an assistant chief of the New York Police Department, takes a knee during a rally in Brooklyn on May 31.
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A protester kneels in front of a police line in Memphis on May 31.
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Protester Kendrick Cutkelvin uses a SWAT vehicle loudspeaker to disperse a crowd of protesters after a rally in Savannah, Georgia, on May 31.
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A tractor-trailer drives into a crowd of protesters in Minneapolis on May 31. As the driver tried to speed up, protesters overtook the vehicle and the driver stopped, video showed.
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People stage a "die-in" protest in Portland, Oregon, on May 31.
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Police react to demonstrators near the White House on May 31.
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A demonstrator jumps on a police car in Washington, DC, on May 31.
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A woman is helped after being hit with pepper spray in Minneapolis on May 31.
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Kai Ayden raises his fist during a demonstration in Atlanta on May 31. The photo made the 7-year-old a face of the protest movement and inspired many to create artwork based on him.
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A police officer aims a nonlethal weapon as protesters raise their hands in Santa Monica, California, on May 31.
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A man screams as he sees a police officer take a knee near the White House on May 31.
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Demonstrators gather to protest near the White House on May 31.
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Armored vehicles from the Minnesota Army National Guard surround the Capitol in St. Paul on May 31.
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Two men kneel in front of a line of Kentucky state troopers during a protest in Louisville on June 1.
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A firework thrown by a protester explodes at the feet of police in Riverside, California, on June 1.
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A woman cries out after being exposed to tear gas near the White House on June 1. Thousands of people were peacefully protesting near Lafayette Park when police started to shoot rubber bullets, tear gas and flash bangs into the crowd. They were clearing the block to allow President Donald Trump to walk to St. John's Episcopal Church for a photo op.
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Riot police rush demonstrators in Lafayette Park on June 1.
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Security forces push protesters away from the White House in order to allow President Trump to visit St. John's Episcopal Church on June 1.
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Law enforcement officers kneel with protesters in Atlanta on June 1.
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Protesters gather at the J.E.B. Stuart statue in Richmond, Virginia, on June 1.
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A demonstrator holds her hands up while she kneels in front of police officers at City Hall in Anaheim, California, on June 1.
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Terrence Floyd, one of George Floyd's brothers, visits a makeshift memorial in Minneapolis on June 1. "He was barely able to walk," CNN's Sara Sidner reported. "He had to have two people on either side of him holding him up as he tried to make his way to the spot." He later spoke to the crowd and called for peace.
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Protesters gather in New York's Times Square on June 1.
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Protesters walk off the Manhattan Bridge in New York after being blocked by police on June 2. Police were on both sides of the bridge as peaceful protesters were in the middle. Eventually the protesters were allowed to walk away and leave the area.
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Protesters lie down in an intersection, blocking traffic in Coralville, Iowa, on June 2.
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Members of the National Guard watch as demonstrators march along Hollywood Boulevard in Los Angeles on June 2.
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Protesters on horseback rally in downtown Houston on June 2.
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Protesters rally in Bethesda, Maryland, on June 2.
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A resident of Clarksville, Tennessee, holds up a sign that says "I can't breathe" across the street from protesters on June 2.
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Protesters rally outside the Ohio Statehouse in Columbus on June 2.
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Hundreds of surfers in Encinitas, California, gather in support of Black Lives Matter on June 3.
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Demonstrators brave the rain to protest near the White House on June 4.
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Protesters march in San Diego on June 4.
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Jessica Moore attempts to hold dialogue with a counter-protester while rallying in Anna, Illinois, on June 4.
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Demonstrators paint the words "defund the police" as they protest near the White House on June 6.
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Protesters stretch more than five blocks during a demonstration near the White House on June 6.
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Protesters walk across the Brooklyn Bridge in New York on June 6.
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Protesters pack the lawn at the Indiana Capitol on June 6.
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Tamika Palmer, the mother of Breonna Taylor, closes her eyes during a vigil for her daughter in Louisville on June 6. Taylor's death was another flashpoint in national demonstrations over police brutality. She was killed in March 2020 by police officers executing a no-knock warrant.
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Demonstrators take to the streets in Clayton, Missouri, on June 6.
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Protesters are arrested after violating curfew in New York on June 5.
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The new Black Lives Matter Plaza is seen in Washington, DC, on June 5. The words "Black Lives Matter" were painted on two blocks of 16th Street. The painters were contracted by Mayor Muriel Bowser.
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A person watches protesters march in St. Louis on June 7.
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Protesters lie in a street near the White House on June 7.
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NASCAR driver Bubba Wallace wears a shirt that reads "I Can't Breathe - Black Lives Matter" as the National Anthem is played before a Cup Series race at Atlanta Motor Speedway on June 7. Wallace, the only Black driver in NASCAR's top circuit, has been an outspoken advocate of the Black Lives Matter movement.
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Seattle Police and Washington National Guard personnel retake control of an intersection as demonstrators clashed with law enforcement near the Seattle Police Department's East Precinct shortly after midnight on June 8.
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Josiah Brown fist-bumps a member of the US Secret Service after he and his mother, Alexis Brown, prayed over the officers near the White House on June 9.
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Minnesota state troopers surround a statue of Christopher Columbus after activists pulled it down in front of the Capitol in St. Paul on June 10. Columbus has long been a contentious figure in history for his treatment of the Indigenous communities he encountered and for his role in the violent colonization at their expense.
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Members of the 1199SEIU union, the nation's largest union of health-care workers, kneel during a June 11 vigil at the Brookdale Hospital Medical Center in New York.
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Demonstrators set fire to a Wendy's restaurant in Atlanta on June 13. Rayshard Brooks, a 27-year-old Black man, was fatally shot by police near the restaurant's drive-thru on June 12. Brooks was shot after police moved to handcuff him for suspected driving under the influence, according to videos from the scene. The videos show that Brooks took an officer's Taser during the attempted arrest and then fired the Taser at the officers as he ran away. One officer then fatally shot Brooks three times with his service weapon, authorities said. Brooks was shot twice in the back, according to a release by the Fulton County Medical Examiner's Office. The police officer who killed Brooks, Garrett Rolfe, was charged with murder. Rolfe's attorneys say he was legally justified and acting in self-defense. Atlanta's police chief resigned.
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A woman shouts slogans as she protests outside the burned Wendy's restaurant in Atlanta on June 15.
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Police in Albuquerque, New Mexico, detain members of the New Mexico Civil Guard, an armed civilian group, after a man was shot during a protest on June 15. The shooting happened as protesters were trying to pull down a statue of Spanish conquistador Juan de Oñate. A 31-year-old man was arrested in connection with the shooting, police said. The New Mexico Civil Guard told CNN by email that the man was not part of their group.
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Members of Spark-Y, a nonprofit youth empowerment group, build a garden at the George Floyd memorial site in Minneapolis on June 17.
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Fireworks explode over the statue of Confederate Gen. Robert E. Lee during a Juneteenth celebration in Richmond, Virginia, on June 19. The Juneteenth holiday commemorates the end of slavery in the United States.
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Activist Angela Davis raises her fist during a Juneteenth shutdown and protest at the Port of Oakland in California.
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People pray together during a Juneteenth event at Atlanta's Centennial Olympic Park.
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Protesters try to enter a gate leading to the BOK Center, where President Donald Trump was holding a rally in Tulsa, Oklahoma, on June 20. It was the President's first rally since the coronavirus pandemic began.
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Protesters near the White House try to pull down a statue of former President Andrew Jackson on June 22.
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Protesters march in the street during a demonstration in Minneapolis on June 25.
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A couple draws guns on people who were protesting against St. Louis Mayor Lyda Krewson on June 28. The demonstration came after Krewson, on a Facebook live video, read the names and addresses of people calling for police reform, according to CNN affiliate KMOV. The man and woman with the guns were identified as Mark and Patricia McCloskey, who live on the private street the protesters were walking on. "The peaceful protesters were not the subject of scorn or disdain by the McCloskeys," their attorney, Albert S. Watkins, said in a statement to CNN. "To the contrary, they were expecting and supportive of the message of the protesters." He said "the actions of violence, destruction of property and acts of threatening aggression by a few individuals" put the McCloskeys "in fear of imminent harm." In October, the McCloskeys were indicted on weapons and tampering with evidence charges. They pleaded not guilty.
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Artists and volunteers descended on a basketball court in a historically Black neighborhood of Annapolis, Maryland, to paint a 7,000-square-foot mural of Breonna Taylor over the Fourth of July weekend. The project was led by Annapolis-based Future History Now, a nonprofit art collective that creates murals with youth facing adversity in underserved communities.
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People in New York City paint a Black Lives Matter mural on the street directly outside of Trump Tower on July 9.
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Kueng told jurors last week that he deferred to Chauvin on what to do during the arrest -- as other officers did in certain situations as well -- since Chauvin was the senior officer on scene with more than 15 years of experience. Kueng testified he was stressed and could not tell how much pressure Chauvin was using with his knee, adding he believed Floyd was still breathing when emergency responders arrived. He told prosecutors during cross-examination that, while he did not have much experience with handling large individuals who were resisting arrest, he was not aware or trained for the "technique using the leg."
Lane, the second rookie officer, testified Monday he tried to de-escalate the situation outside the Cup Foods and that when Chauvin arrived, he "either asked or cut in front of me," and later informed Floyd he was under arrest for forgery. Lane testified he asked Chauvin twice if they should reposition Floyd during restraint because he was worried about "excited delirium" -- which he defined as "basically an adrenaline overdose" -- and Chauvin said no.
During cross-examination, Lane said he started CPR about five minutes after Kueng said he could not find a pulse, adding that, ideally, CPR should be started immediately after a pulse cannot be found.
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February 25, 2022 at 05:39AM
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3 former Minneapolis police officers found guilty of violating George Floyd's civil rights - CNN
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