2 ex-officers charged in George Floyd's death cast blame on more senior colleague
S E E D E D C O N T E N T
MINNEAPOLIS — Attorneys for two former rookie Minneapolis police officers on Thursday rejected accusations that their clients aided and abetted the killing of George Floyd, casting blame instead on a senior officer who allegedly ignored his younger counterparts.
Early signs of a legal defense strategy began to emerge when former Officers J Alexander Kueng, Thomas K. Lane and Tou Thao made their first court appearances in the Memorial Day killing of Floyd, a 46-year-old black man who died in police custody.
Each officer is charged with one count of aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter. The charges allege that they did not intervene when their former colleague and 19-year police veteran, Derek Chauvin, knelt on Floyd’s neck for 8 minutes and 46 seconds, all while Floyd pleaded with them and told them him he couldn’t breathe. All four were fired in the wake of Floyd’s death.
Chauvin, 44, of Oakdale, was charged last week and is being held on $1 million bail. He faces second-degree murder, third-degree murder and second-degree manslaughter charges and is scheduled to make his first appearance Monday.
On Thursday, Hennepin County District Judge Paul Scoggin set bail for each of the other three at $1 million without conditions, or, $750,000 with conditions. But their initial appearance, normally routine, turned contentious.
“What is my client supposed to do but follow what the (senior) officer says?” Lane’s attorney, Earl Gray, argued in court. “The strength of this case, your honor, in my opinion is extremely weak.”
Assistant Attorney General Matthew Frank, who is prosecuting the case with assistance from the Hennepin County attorney’s office, argued for high bail amounts, noting that the charges were “very serious” and had drawn such intense public interest that the former officers were a flight risk. Each defense attorney rejected the claim, and asked for between $50,000 and $250,000 in bail.
Defense attorneys said Kueng, 26, of Plymouth, was working his third shift ever as a full-time officer and Lane, 37, of St. Paul, was working his fourth day as a full-time officer on the day they encountered Floyd.
Video of his arrest showed bystanders pleading with the officers to stop as Lane restrained Floyd’s legs and Kueng held onto his back while Floyd, cuffed, lay stomach-down in the street.
A bystander’s video also recorded Thao, 34, of Coon Rapids, standing watch nearby and brushing aside witnesses’ concerns.
“What was (Lane) supposed to do … go up to Mr. Chauvin and grab him and throw him off?” said Gray, arguing that there was no evidence to charge his client.
Kueng’s attorney, Thomas Plunkett, also attempted to distance his client from Chauvin’s actions.
“At all times Mr. Kueng and Mr. Lane turned their attention to that 19-year veteran … ” Plunkett said. “(Kueng) was trying — they were trying to communicate that this situation needs to change direction.”
Charging documents show that Lane asked twice if they should roll Floyd onto his side and was rebuffed by Chauvin. Kueng took Floyd’s pulse and told his colleagues, “I couldn’t find one,” according to the criminal complaint.
Chauvin kept his knee on Floyd’s neck for about two minutes after Kueng’s remarks, the charges state.
Chauvin’s attorney, Eric Nelson, declined to comment on the statements of the other officers’ attorneys.
Thao’s attorney, Robert Paule, did not shift blame onto his client’s partner. Thao had arrived at the scene with Chauvin.
Bureau of Criminal Apprehension on Tuesday and that he is not a flight risk because he has deep roots in the community.
Thao is a lifelong resident of the Minneapolis area, is married and has children, Paule said in arguing for a lower bail.
Several of the attorneys sought to humanize the officers, with Plunkett beginning his remarks by offering condolences to Floyd’s family,
Kueng is a black man who grew up in north Minneapolis with a single mom who adopted four at-risk children from the community, Plunkett said.
“He turned to law enforcement because he wanted to make that community a better place,” he said.
Kueng has always lived within 10 miles of his childhood home, was captain of the soccer team at Patrick Henry High School, where he graduated, coached youth soccer and baseball, and volunteered to build a school in Haiti, Plunkett said.
Lane previously worked as a juvenile counselor at a few “juvenile places” in the Twin Cities and once received a community service award from Mayor Jacob Frey and Minneapolis Police Chief Medaria Arradondo for volunteering with children, Gray told the court.
Lane also provided a statement about Floyd’s killing to two sergeants, gave a “lengthy” statement to investigators from the Bureau of Criminal Apprehension and jumped into the ambulance that arrived at the scene and performed CPR on Floyd, Gray added.
Floyd was pronounced dead at 9:25 p.m. CDT at Hennepin County Medical Center after first responders and ER staff worked on him for about an hour.
Frank was unmoved by Gray’s arguments.
“We recognize the statements that this defendant made, but beyond that (he) did nothing but hold the victim down (and) started CPR too late,” Frank said.
Lane and Kueng had responded about 8:08 p.m. to a call that a man used a counterfeit $20 bill at the Cup Foods on the corner of Chicago Avenue and East 38th Street. They found Floyd sitting in a car nearby, handcuffed him and attempted to put him in their squad. Chauvin and Thao arrived to assist.
While charging documents said Chauvin pulled Floyd out of a squad, Gray said Thursday that Floyd resisted arrest, “asserted himself” and later “flew out” of the squad through his own actions.
Gray said he would file a motion to argue that there’s not enough evidence to prosecute his client. Oral arguments will likely be heard at a hearing on June 29, the next time Lane, Kueng and Thao are scheduled to appear in court.
“I’m not claiming (Lane) was following orders,” Gray said after Thursday’s hearings. “I’m claiming he thought what he was doing was right because he asked the training officer (Chauvin), ‘Should we roll (Floyd) over?’ twice.”
Asked whether Lane had a responsibility to get Chauvin off Floyd’s neck, Gray said, “I guess the jury will decide that. In my opinion no. It would be unreasonable for my client to go up and drag Chauvin off the deceased … You’ve got a 20-year (sic) cop in the front and my guy’s back there with four days and he says, ‘Should we roll him over?’ and (Chauvin) says, ‘No, we’ll wait for the ambulance’ twice … I don’t know what you’re supposed to do as a cop.”
Tags
Who is online
574 visitors
So the three other officers were fresh out of the police academy.....
They must not teach about the obligation of not following an illegal order like they do in the military.
I wonder if they are having second thoughts about that?
What is really slickening here is that Chauvin was a trainer....!
Two of them may have some argument that they were confused by the situation (the veteran cop Chauvin's actions) . It does put a different spin on this for them. It will be interesting to see how the prosecutors approach their cases.
I can't imagine what would happen to our country if Chauvin is found innocent of the charges. You think you have protests now....?
I don't fear peaceful protests....... I'm disgusted at injustice as we are supposed to be a country of laws that apply equally to everyone.
Of course I don't like the burning and looting of businesses.
How do you feel about Trump using the military as police or as a political prop? How do you feel about tear gas being used on peaceful protesters for a photo op?
No, it's true.
Ignore facts and data at your own peril MUVA. Tear gas was used... there are videos of it and plenty of witnesses.
And which came first..... I see it as unnecessary police violence against people of color came before the protests.
Couldn't help but notice you didn't answer any of my questions yet......
doesnt look like it
No, as usual you have no idea of the truth. You merely parrot everything your tRump supporting buddies say.
Yes they did use tear gas.
Why do you always bring up your races? You are half white.
Goes both ways !
There's "Peaceful", then there's STILL "The Thugs" !
ALL the media seems to like to show are …… "The Thugs".
So what should people "Think" about these …… "Peaceful" protesters, if "The Thugs" are what they are shown, 24 hrs. a day ?
Seems there is a "Media Problem", AS ALWAYS !
The thugs would be tRump and his supporters and the agent provocateurs they are hiring to turn these peaceful protests into riots.
Is that just your guess, or do you really have some proof for that?
You must send me to the reports that show that ?
Enquiring minds REALLY want to read about that !
Just "Passing Gas" !
And stop ignoring what is available to you from multiple videos and personal first hand account MUVA. Fox is not your friend. Tear gas was used.
And you still haven't answered my question about using active duty military as a police force, or excessive police force used on citizens exercising their first amendment rights for a phot op.
No, it was tear gas.
You seem to emphasize which race you are depending on the day or article.
They are setting up their defense for the trial, it would seem that this is the only defense that has any chance of being remotely successful.
"just following orders"
not good enough.
not good enough.
Fact! That approach will and should get you sent to Leavenworth. Same should be true for these former police officers, especially since they were fresh out of the police academy.