ST. PAUL, Minn. (AP) 鈥� A federal judge on Wednesday sentenced two former Minneapolis police officers who were convicted of to lighter terms than recommended in sentencing guidelines, calling one 鈥渢ruly a rookie officer鈥� and describing the other as 鈥渁 good police officer, father and husband.鈥�
U.S. District Judge Paul Magnuson sentenced J. Alexander Kueng to three years in prison and Tou Thao to 3 1/2 years for violating Floyd's rights in the May 25, 2020, killing in which then-Officer Derek Chauvin pinned Floyd鈥檚 neck with his knee for more than nine minutes as said he couldn鈥檛 breathe and eventually grew still. The killing, captured in bystander video, sparked protests worldwide and a reckoning of racial injustice.
Kueng pinned Floyd鈥檚 back, Thao held back concerned bystanders, and a fourth officer, Thomas Lane, held Floyd鈥檚 feet. Lane to two years 鈥� also below guidelines and a sentence that Floyd's brother Philonise called 鈥渋nsulting鈥� 鈥� while Chauvin was sentenced earlier to 21 years. Floyd's immediate family members did not attend Wednesday's hearings in person or comment afterward.
Floyd鈥檚 girlfriend, Courteney Ross, made statements at both men鈥檚 sentencing hearings and said afterward that she was disappointed, particularly with Thao鈥檚 sentence. It 鈥渄idn鈥檛 really seem to match the crime to me. I was asking for the maximum sentence,鈥� she said.
The lower sentences for Kueng, who is Black, and Thao, who is Hmong American, raise questions about whether they would consider a plea deal or risk a state court trial on Oct. 24, when they face counts of aiding and abetting second-degree murder and second-degree manslaughter. Lane, who is white, pleaded guilty to a state charge of aiding and abetting second-degree manslaughter and is awaiting sentencing in that case.
Federal sentencing guidelines 鈥� which judges do not have to follow 鈥� recommended 4录 to 5录 years for Kueng and 5 录 to 6 1/2 years for Thao. For both men, prosecutors argued for sentences higher than that. Prosecutor Manda Sertich argued that Kueng 鈥渄idn鈥檛 say a word鈥� as Floyd lay dying. Prosecutor LeeAnn Bell said Thao had 鈥渁 bird's-eye view of what was going on鈥� with Floyd, and had 鈥測ears on the force鈥� that meant he should have known better.
The federal government brought the civil rights charges against all four officers in May 2021, a month after Chauvin was convicted of murder and manslaughter in state court. They were seen as an affirmation of a promise made by President Joe Biden before his election. They came a week after federal prosecutors brought hate crimes charges in and announced sweeping probes into policing in Minneapolis and Louisville, Kentucky.
Magnuson said there was no question that Kueng violated Floyd鈥檚 rights by failing to get off him when Floyd became unresponsive. But he also mentioned what he called 鈥渁n incredible number鈥� of letters from other officers supporting Kueng.
鈥淵ou were truly a rookie officer,鈥� Magnuson told Kueng.
At his subsequent hearing, Thao spoke for more than 20 minutes, frequently quoting from the Bible as he said his arrest and time in jail led him to turn toward God, but did not directly address his actions or offer any words to Floyd's family. Thao 鈥� like Lane and Kueng 鈥� remains free on bond, but spent several weeks in jail after his 2020 arrest on the state charges.
Magnuson again acknowledged letters supporting the former officer, including one with 744 signatures, and cited what he called Thao鈥檚 鈥渃ompletely clean record.鈥�
鈥淵ou had a difficult childhood and have done well to become a good police officer, father and husband,鈥� the judge said.
Nekima Levy Armstrong, a civil rights attorney and activist, said the sentences were 鈥渆specially light.鈥�
"This little punishment signals to other law enforcement officers that they could receive a slap on the wrist if they violate people鈥檚 rights and engage in extreme abuse towards defenseless people," she said.
But Mark Osler, a professor at the University of St. Thomas School of Law and former federal prosecutor, called the sentences 鈥済roundbreaking鈥� and noted that it's rare for officers to be held accountable for killings they didn't directly commit.
鈥淲e should hope that it has the impact of changing behavior and prodding them to intervene when a life can be saved,鈥� he said.
Osler said it's likely that Kueng and Thao will seek a plea deal on the state charges that would not exceed the federal sentence and would let them serve the sentences concurrently.
Both men are on Oct. 4, though Magnuson noted that could change because of their state trial. Magnuson said he would recommend that they be allowed to serve their time at minimum-security federal facilities in Duluth or in Yankton, South Dakota, to be near family. The final decision is up to the Bureau of Prisons.
Chauvin, who is white, was the most senior officer at the scene and was sentenced to a 22 1/2-year state sentence that he鈥檚 serving concurrently with his federal sentence. He鈥檚 been held in solitary confinement in the state鈥檚 maximum security prison at Oak Park Heights for his own safety since his murder conviction and will eventually be transferred to federal prison.
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Associated Press/Report for America reporter Trisha Ahmed contributed.
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Find AP鈥檚 full coverage of the killing of George Floyd at:
Amy Forliti, The Associated Press
