MINNEAPOLIS — A decision is expected early this week in the state case of former Minneapolis police officer Tou Thao, charged with aiding and abetting second-degree manslaughter in the 2020 death of George Floyd.
While co-defendants J. Alexander Kueng and Thomas Lane struck deals with the state, Thao decided to place his fate in the hands of Hennepin County Judge Peter Cahill in what is called a "stipulated facts" trial. Prosecutors and Thao's defense team submitted their written closing arguments to Cahill in late January, with the understanding he would make his ruling on the defendant's guilt or innocence in 90 days time.
Monday, May 1 marked the end of that 90-day window. Judge Cahill was expected release his decision in written form, with no courtroom proceedings scheduled; however, as of 5 p.m., no documents had been posted on the Hennepin County courts website.
Thao is already serving three-and-a-half years in federal prison after a jury convicted him of depriving Floyd of his constitutional rights.
In his closing argument, defense attorney Robert Paule asserted that Thao did not actively take part in Floyd's death, and that his actions on scene that day were according to his training by the Minneapolis Police Department.
"The death of George Floyd was a tragedy. Yet the fact that a tragic death occurred does not transfer it into a criminal act," Paule wrote. "Thao is innocent of the charges against him because he did not intend that his specific actions were done to assist in the commission of a crime. Every one of Thao’s actions was done based upon the training he received from the Minneapolis Police Department."
Then-state prosecutor, soon-to-be Hennepin County District Court Judge Matthew Frank disagreed, saying Thao had the power to save Floyd's life. "Thao could see Floyd’s life slowly ebbing away. Yet Thao made a conscious decision to actively participate in Floyd’s death," Frank wrote. "Thao held back the concerned onlookers, and even prevented an off-duty firefighter from rendering the very medical aid Floyd so desperately needed. Perhaps worse, Thao directly insisted upon continuing the restraint that killed Floyd."
In April 2021, a Hennepin County jury convicted former officer Derek Chauvin of second-degree murder, third-degree murder and second-degree manslaughter for Floyd’s death, and was sentenced to 22.5 years in prison.
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