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Tou Thao sentenced to 57 months for state conviction in George Floyd's killing

The former Minneapolis officer was the last of four former MPD officers to be sentenced at the state level for their roles in George Floyd's murder.

MINNEAPOLIS — A Hennepin County judge opted for the top of the state sentencing scale, handing former Minneapolis police officer Tou Thao 57 months in prison for his role in the murder of George Floyd. 

During Monday's sentencing proceedings, Thao was allowed to stand and give an allocation statement, which is designed to give a defendant an opportunity to explain themselves and share facts and circumstances that could figure into a judge's sentencing decision. Instead, Thao spoke for 23 minutes on his faith journey and the sufferings of Jesus, at one point saying that he himself had been persecuted by "slander" and "a false narrative." 

"Hold on to the truth I did not commit these crimes. My conscience is clear," Thao told the courtroom. 

In pronouncing the sentence on state charges of aiding and abetting second-degree manslaughter, Judge Peter Cahill told Thao he had hoped to see some contrition for his actions on that day. 

"To be perfectly honest, after three years reflection I was hoping for a little more remorse, regret, acknowledgment of some responsibility, and less preaching," Judge Cahill told the defendant. "Suffice it to say that I think your culpability is less than Mr. Chauvin, but well above Mr. Kueng and Mr. Lane as an experienced officer in the best position to save Mr. Floyd."

Minnesota Attorney General Keith Ellison echoed Judge Cahill's sentiments, saying in a statement Monday, "Even though I am disappointed Thao expressed no remorse today and accepted no responsibility for his actions, his sentence is one more measure of accountability for the Floyd family and every community that suffered from Floyd’s murder. It shows once again that no one is above the law and no one is beneath it."

Thao is currently serving a federal sentence for depriving George Floyd of his civil rights as the Black man lay dying on a south Minneapolis street under the knee of former officer Derek Chauvin in May 2020. Judge Cahill ordered that the 57-month state sentence be served concurrently (at the same time) as Thao's federal sentence of 3.5 years in prison, and then be transferred to a Minnesota facility to complete his state term. He will be given credit for 340 days already served. 

While former Minneapolis police officers J. Alexander Kueng and Thomas Lane accepted plea deals in their state cases, Thao did not. He instead opted to let Judge Cahill decide his guilt or innocence, and Thao was convicted of second-degree aiding and abetting manslaughter in May of this year. 

Prior to Thao's conviction, Thao's attorney argued he did not actively take part in Floyd's death and that his actions on the scene that day followed his training by the Minneapolis Police Department. Cahill disagreed and called Thao's actions that day "objectively unreasonable." 

In his 177-page decision, Judge Cahill added that Thao assisted the other three officers in their crime by holding back concerned bystanders, and not rendering medical aid to Floyd when he was clearly suffering. You can read the full verdict, here

After appealing his federal sentence,  an appellate panel last Friday upheld Thao's conviction — ruling that prosecutors presented "sufficient evidence" to support the decision. 

Thao is the last of the four former MPD officers to be sentenced at the state level. All four have already been convicted on federal charges. You can find a detailed look at the state and federal convictions of Derek Chauvin, Kueng, Lane and Thao, here

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