Former officers Tou Thao, 36, J. Alexander Kueng, 28, and Thomas Lane, 38, tried to restrain Floyd as Officer Derek Chauvin knelt on his neck and back for more than 9 minutes during the arrest, resulting in Floyd’s death.
Thao, Chauvin’s partner, stood nearby and acted as crowd control for a group of upset bystanders, while rookie officers Kueng and Lane held down Floyd’s torso and legs.
“They had opportunity and means to (help) and didn’t … Disregarding that is willfulness,” Assistant US Attorney LeeAnn Bell said during closing arguments.
However, each of the three former officers took the stand and tried to place blame elsewhere, saying they had a lack of proper training and that they deferred to Chauvin, the most senior officer on scene.
“I think I would trust a 19-year veteran to figure it out,” Thao said on the stand.
The trial is the second such criminal proceeding to break down in detail Floyd’s final moments on May 25, 2020. As captured on harrowing video by an onlooker, the 46-year-old Black man was handcuffed and pressed face down into the pavement for over 9 minutes as he screamed “I can’t breathe.” Floyd soon fell unconscious and stopped breathing, yet officers continued to restrain his limp body until after paramedics arrived.
What the 3 officers said
The arrest began after Floyd came under suspicion of having used a counterfeit $20 bill at a Minneapolis convenience store. All three ex-officers testified that Floyd seemed to be displaying some erratic behavior at the start of their encounter.
Lane — who was working just his fourth day with the Minneapolis Police Department — and Kueng were the first to arrive on the scene. Kueng testified Floyd “was very hyperactive” and had difficulty responding to questions when initially approached by police.
“I recall officer Chauvin saying we’re going to bring him down,” Kueng told the jury.
Lane, who was holding Floyd’s legs, testified that he twice asked Chauvin whether Floyd should be repositioned during the restraint. The first time, Lane asked Chauvin whether they should put Floyd’s legs up as is taught in the academy.
“No, we’re good,” Chauvin said, according to Lane’s testimony.
Lane then said he asked Chauvin whether they should roll Floyd on his side.
“No, we’re good like this,” Chauvin responded, according to Lane’s testimony.
Thao, meanwhile, was several feet away working to control the growing crowd and ensure cars moved around the scene.
“At that point I have a different role, which is to do crowd control to allow them to attend to Mr. Floyd.”
Officers could and should have done more, prosecution says
Multiple witnesses also testified the three ex-officers made no attempt to get Chauvin off Floyd’s neck or to render medical care. Several medical experts testified this was “a survivable” event and that CPR would have saved Floyd’s life.
“Force used has to be appropriate and proportional at the time,” she said. “If they go unconscious, you cannot continue to use force.”
Assistant US Attorney Manda Sertich stated during closing arguments that Thao and Kueng “had the ability, authority, opportunity, means, and duty to intervene,” adding that there was plenty of time for Kueng and Thao to take action.
“It wasn’t a split-second use of force like a gunshot,” she said, adding that it was “not 30 seconds, not a minute. Several minutes, 569 seconds (…) Defendants Thao and Keung watched while George Floyd condition slowly deteriorated,” Sertich argued, adding that the officers’ relative inexperience did not make them unable to recognize a medical emergency situation.
Even Lane, she pointed out, knew what needed to be done, as evidenced by his question of whether they should turn Floyd over. But asking a question isn’t rendering medical aid, Sertich said.
CNN’s Bill Kirkos, Amir Vera, Eric Levenson, Eliott C. McLaughlin, Brad Parks, Scottie Andrew and Paul Vercammen contributed to this report.