I’m just as mad about George Floyd’s murder as anyone, but I’m also realistic about the way our court system works.
So, I hope we don’t have more gnashing of teeth and bleeding in the streets after some of the former Minneapolis officers charged in his death are not convicted of the most severe charges against them.
We’ve all seen, maddeningly, juries acquit one officer after another of criminal wrongdoing after facing criminal charges in the deaths of black people…even in cases when it looked guilt was obvious.
Let’s consider, then, each of the defendants in the Floyd case and what could transpire.
Derek Chauvin, 44
I believe we will see Chauvin, one of the most revolting people to ever wear a law enforcement badge, convicted of one of the two most serious charges against him: second-degree murder without intent or third-degree murder.
He had 19 years on the police force and was by far the senior officer on the scene that fateful day. He faced 17 complaints as an officer.
…Chances are Chauvin will seek a plea deal because, after all, what kind of defense can his attorney put up? It’s all there on the video, and there’s nothing that makes it look like anything but murder. His only chance to avoid spending the next 30 to 40 years in prison would seem to be pleading to one of the two big charges, accepting full responsibility, exhibiting genuine remorse (including a vale of tears) and hoping the judge will give him a sentence in the 20- to 25-year range. If he insists on a jury trial, he’s going away for either the rest of his life or most of it.
Tou Thao, 34
Thao was Chauvin’s partner and the second most experienced officer of the four.
He dropped out of college in about 2008 and soon after caught on as a community service officer for the Minneapolis department before being laid off for budgetary reasons in December 2009, three days after becoming a full-fledged officer. He was rehired in 2012. Over his career, Thao has faced at least six complaints.
He and the third and fourth officers are charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.
Of the three officers who were at the scene, Thao, it seems to me, is the one who would have been most likely to take aggressive action to stop Chauvin. And judging from Chauvin’s impassive demeanor and insistence on keeping his knee on Floyd’s neck, it would have taken aggressive action, like shoving Chauvin to the ground.
Only Thao knows why he didn’t do that, but you know he’s wishing with all his heart he’d done exactly that. How many times do you think he’s replayed the scene in his mind, with him shoving Chauvin and maybe even punching him?
…Thao has been cooperating with investigators, and I believe he, too, will seek a plea deal, perhaps to the lower charge, aiding and abetting. I would guess he’ll end up getting a sentence of at least 10 years.
J. Alexander Kueng, 26
Kueng graduated from the University of Minnesota in 2018, with a degree in law enforcement. By then he was working part-time as a community service officer for the Minneapolis department. He joined the police academy early last year and became an officer last December. There are no records of complaints against him.
Kueng’s attorney said in court last week that Chauvin was his client’s main training officer. Even though police records show he had become an officer in December, his lawyer said he was in just his third shift as a full-fledged officer the day Floyd was killed.
…With Kueng being a rookie and having been under Chauvin’s wing earlier, it is hard to imagine he would have had the courage or nerve to knock the 19-year veteran off Floyd. In addition, his lawyer said in court that both Kueng and the other junior officer urged Chauvin more than once to ease up on Floyd. I think he will plead guilty to aiding and abetting or to a lower charge, and be sentenced to five years or less.
Thomas K. Lane, 37
Lane came to police work relatively late. He graduated from the University of Minnesota in 2016 with a bachelor’s degree in the sociology of law, criminology and deviance. (I wonder if he recognized signs of deviance in Chauvin.)
He started working in the criminal justice system as an assistant probation officer for juveniles and as a juvenile correctional officer. In January 2019, he was accepted to the police academy and, like Kueng, became an officer in December, according to records.
During his court appearance last week, his lawyer, Earl Gray, said Chauvin had also trained Lane.
Gray said: “They’re required to call him ‘Sir.’ He (Chauvin) has 20 years’ experience. What is my client supposed to do but to follow what the training officer said? Is that aiding and abetting a crime?”
Gray also said the day Floyd died was Lane’s fourth day on the force.
(I don’t really understand how Kueng and Lane were on their third or fourth days after having graduated from the academy five months ago, but I trust we will get more details in due course.)
…Lane and Kueng appear to be in the same boat — rookies beholden to and probably afraid of Chauvin. I expect Lane to plead to whatever charge Kueng pleads to and also get five years or less.
That’s the way I see it, through binoculars and 439 miles from Minneapolis. Let’s see how it plays out.
JimmyCsays: At the juncture of journalism and daily life in KC 
We have heard from the police for years about “no snitches” in predominately neighborhoods of color hampering the police’s ability to solve crimes. Wonder where these people learned to become “no snitches.” Could it be the blue wall of silence? Seems like turnabout is fair play: the cops have taught young black men how to keep quiet and not turn on their fellow gangsters by leading by example. Not one cops hears the “n” word from fellow blue liners. Not one cop turns in another cop for violence against citizens, especially in Buffalo. Yep, good educators of criminals — the local police.
Karl, you’re out there on a long, slender limb, so slender that I already hearing it cracking…Oh, and there you go, falling as the limb gives way and heading toward a hard fall.
Some clarification is in order:
https://www.virginiamercury.com/2020/06/10/i-was-in-a-gang-its-called-the-police-its-time-to-change-american-policing/
I am not on a limb, the view from the other side, the persecuted black male sees things from his perspective, if the cops act like a gang, then they must be a gang, the silence thing is a big indicator of a gang, speak out and pay the price and the union is the instigator this attitude. The SRT in Buffalo all resigned……well the union made sure by withdrawing legal representation for anyone who stayed, extortion? Smells like a gang. Just because they are sanctioned by the state does not mean they are not human, and with that comes the fallacies of human behavior especially if there are no limits, real limits must be imposed with real consequences.
I agree about Thao. Experienced enough that he should have done his duty to step in. The inexperience of the others just very unfortunate for all – not to completely exonerate them.
Again, shows that without video, the Blue Line would have simply rallied around their own and historically that is what superiors, internal affairs, courts and even the press would have accepted and then moved on without discipline or change. We’ve seen it so many times with KCPD such as not even sending to prosecutor to review.
Lane’s attorney was on Cuomo Prime Time Monday night. He was quite chatty about what was on the unreleased body cam video. Didn’t get to hear the whole interview but it took about 3 segments. I don’t see it posted at this time but it might be interesting if you find it. As an aside, the attorney seemed a little in over his head at times.
For their sakes, I hope Thao, Kueng and Lane have top-notch attorneys.
I agree with almost all you have written, Jim. However, If Chauvin digs in and has a jury trial, his attorney will try victim blaming by bringing in evidence of the various drugs in George’s body and how super strong he was in the squad car. We don’t know what happened inside the car. But he will also argue for a change of venue because all of the pre-trial publicity. I am a lawyer (a former assistant prosecutor in several neighboring counties), and I don’t see how he could receive a fair trial. Perhaps in a small county in Minnesota. But then the jury could likely acquit him despite the video.
I hope he is not making a bad decision again in demanding a jury trial. I do not know whether the jury can recommend his sentence (if he is found guilty) or if the judge determines the sentence. I am sure the judge will give him whatever maximum penalty he can under Minnesota law. Then the U.S. Attorney’s office will file what I believe is referred to a Section 232 criminal indictment, alleging that Chauvin violated George’s civil rights. He’s likely to get a hefty sentence in federal court. Please do not interpret this message that I believe Chauvin is a victim or is overcharged or shouldn’t be charged. I just wanted to give my views what could happen.
Thanks for weighing, Bill. I’m sure all the readers will appreciate your insight, drawing on your legal experience.
That’s an interesting point about change of venue. If Minnesota is like Missouri, the trial could only be moved to a jurisdiction of similar size. In Missouri, that usually results in Jackson County cases being moved to either St. Louis City or St. Louis County…and vice versa.
In Minnesota, there’s no city outside Minneapolis (416,000) and neighborhing St. Paul (303,000) that’s relatively close in size. The next largest city is Rochester, with 114,000. Again, I don’t know how it works in Minnesota, so it will be interesting to see how that unfolds.
Thank you, Jim.
To a certain extent, what these officers ultimately get in terms of time to be served in the pen is irrelevant. No matter what sentences are handed down, someone’s going to be pissed off and ready to go after someone else. What is far more important is that some systemic change begin to take place as a result of this unfortunate incident in Minnesota.
I agree with you, Rick.
The out for Chauvin may be that he has been overcharged. In their zeal to pander to the protesters and rioters, prosecutors may have gone overboard in charging Chauvin with crimes they cannot convict him of. According to the initial autopsy Floyd did not die of asphyxiation, he died of other health problems that the defense could construe as unrelated to the actions of police. There is also a video out now of Floyd resisting arrest which could complicate matters.
Speaking of crawling out on limbs, I’ve seen one conspiracy theorist who believes that Minnestota AG Keith Ellison is deliberately overcharging Chauvin so he will not be found guilty and the riots can resume again.