The last of the four former Minneapolis police officers involved in the murder of George Floyd—Tou Thao—has finally been sentenced to 57 months (four years and nine months) in state prison.
Thao, of Coon Rapids, Minnesota, was performing crowd control at the northeast corner of 38th Street and Chicago Avenue on May 25, 2020, as his longtime colleague, former Minneapolis police officer Derek Chauvin, killed George Floyd by kneeling on his neck for nine minutes and 29 seconds.
In a 23-minute diatribe citing scripture, an apparently agitated Thao compared his predicament to that of Jesus Christ. “I must obey and hold on to [that] I did not commit these crimes,” said Thao shortly after sermonizing about how Jesus was betrayed by Judas and ultimately crucified. “That day [when George Floyd died], I did not intend on doing malice.”
Judge Peter Cahill was not impressed with Thao’s allocution and sentenced him to the maximum possible term under the law, six months more than what prosecutors asked for and 16 months more than what the defense asked for.
“After three years of reflection, I was hoping for a little more remorse, regret, acknowledgement of some responsibility and less preaching,” said Cahill. “Suffice it to say that I think your culpability is less than Mr. Chauvin, but well above the culpability of Mr. [J. Alexander] Kueng and Mr. [Thomas] Lane, as an experienced senior officer who was in the best position to save George Floyd.”
Assistant Attorney General Erin Eldridge, who helped prosecute the case, agreed. “The defendant stood by and allowed it to happen. He saw [Chauvin] restrain George Floyd. He saw Chauvin put his knee on George Floyd’s neck. He heard George Floyd’s pleas for help and he ignored them,” said Eldridge. “He used his authority to prevent anyone else [from intervening.] He went so far as to mock George Floyd’s situation by saying, ‘This is why you don’t do drugs.’”
Thao was convicted on May 2 for aiding and abetting George Floyd’s manslaughter, after a three-month bench trial where Cahill reviewed stipulated evidence and video footage to arrive at his verdict.
With 340 days credit for time served, he will serve about 27 months in prison. His sentence will be concurrent with his 42-month federal prison sentence for violating Floyd’s civil rights, of which he has 30 months to serve. Thao also has to serve two years of federal supervised release and 19 months of state-supervised release. If they are concurrent, he will serve two years on federal and state-supervised release.
On August 4, Thao lost his appeal in the Eighth Circuit Court of Appeals for a mistrial, alleging the prosecutors unfairly used evidence to sway a jury, therefore depriving him of a fair trial. Should his appeals continue to fail, Thao is expected to be released from his federal sentence sometime in February 2026.
Four women of varying ages who appeared to be Thao’s family members were present in the Hennepin County courtroom on Monday morning. One of the women silently expressed grief and disbelief at Thao’s 57-month sentence. They were escorted out of the courthouse by Thao’s counsel, father-daughter legal duo Robert and Natalie Paule, without commenting publicly on the case.
Although Thao will serve his time under the custody of the federal government, the federal government allows for alternative arrangements. The Federal Bureau of Prisons declined to comment specifically on Thao’s arrangements, saying they do not provide specific information on inmates’ whereabouts, citing safety, security and privacy reasons. At this time it is unclear what those arrangements will look like.
The other three officers continue to serve their sentences in federal prison. Chauvin, who pleaded guilty to violating the civil rights of two people he detained as a police officer, is incarcerated at the Federal Correctional Institution in Tucson, Ariz. with an anticipated release date of July 2038. He and his attorney filed an appeal with the Eighth Circuit Court of Appeals on August 1.
Former Minneapolis police officer Thomas Lane is incarcerated at a federal correctional facility in Englewood, Colorado. He will be released on May 26, 2024. J. Alexander Kueng is incarcerated at a federal facility in Elkton, Ohio, with a release date of December 22, 2024.
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