Ex-cop accepts plea deal for role in killing George Floyd
Former Minneapolis officer who took part in deadly arrest admits fault in state court.
MINNEAPOLIS — A former Minneapolis police officer pleaded guilty Wednesday to a state charge of aiding and abetting seconddegree manslaughter in the killing of George Floyd, admitting that he intentionally helped restrain the Black man in a way that created an unreasonable risk and caused his death.
As part of Thomas Lane’s plea deal, a count of aiding and abetting second-degree unintentional murder will be dismissed, potentially sparing him a lengthy sentence.
He and two other former officers, J. Alexander Kueng and Tou Thao, have already been convicted on federal counts of violating Floyd’s rights but have yet to be sentenced on those charges.
Lane’s guilty plea comes a week before the second anniversary of Floyd’s May 25, 2020, killing. Floyd, 46, died after then-Officer Derek Chauvin, who is white, pinned him to the ground with a knee on Floyd’s neck as Floyd repeatedly said he couldn’t breathe.
The killing, captured on bystander video, sparked protests around the globe as part of a reckoning over racial injustice.
Lane, who is white, and Kueng, who is Black, helped Chauvin restrain Floyd, who was handcuffed. Lane held down Floyd’s legs and Kueng knelt on Floyd’s back. Thao, who is Hmong American, kept upset bystanders from intervening as his colleagues restrained Floyd for nine minutes and 29 seconds.
In his plea agreement, Lane admitted that he knew restraining Floyd in that way created a serious risk of death — and that he heard Floyd say he couldn’t breathe, and knew he fell silent, had no pulse and appeared to have lost consciousness.
The plea agreement says Lane knew Floyd should have been rolled onto his side — he asked twice whether that should be done — but he continued to help restrain Floyd. Lane agreed the restraint was “unreasonable ... and constituted an unlawful use of force.”
The state and Lane’s attorneys agreed to a recommended sentence of three years — which is below state sentencing guidelines — and prosecutors agreed to allow him to serve that sentence at the same time as any federal sentence, and in a federal prison, where he would have less chance of encountering people he had arrested.
Minnesota Atty. Gen. Keith Ellison, whose office prosecuted the case, said in a statement that he was pleased Lane had accepted responsibility for his role in Floyd’s death.
“His acknowledgment he did something wrong is an important step toward healing the wounds of the Floyd family, our community, and the nation,” Ellison said. “While accountability is not justice, this is a significant moment in this case and a necessary resolution on our continued journey to justice.”
Lane’s attorney, Earl Gray, said in a statement that Lane agreed to plead guilty to aiding and abetting manslaughter rather than risk a lengthy prison sentence if convicted of aiding and abetting murder.
“He has a newborn baby and did not want to risk not being part of the child’s life,” Gray said.
Wednesday’s hearing was streamed over Zoom for Floyd’s family members. Their attorneys issued a statement afterward saying Lane’s plea “reflects a certain level of accountability,” but noting that it came only after his federal conviction.
“Hopefully, this plea helps usher in a new era where officers understand that juries will hold them accountable, just as they would any other citizen,” family lawyers Ben Crump, Jeff Storms and Antonio Romanucci said.
Chauvin pleaded guilty last year to a federal charge of violating Floyd’s civil rights, and faces 20 to 25 years in prison in that case. He was previously convicted of state charges of murder and manslaughter, for which he is serving 22½ years.
Lane, Kueng and Thao were convicted of federal charges in February after a monthlong trial that focused on their training and the culture of the Minneapolis Police Department. All three were convicted of depriving Floyd of his right to medical care, and Thao and Kueng were also convicted of failing to intervene to stop Chauvin during the killing.
After their federal convictions, it was uncertain whether the state trial would proceed. At an April hearing in state court, prosecutors revealed that they had offered plea deals to all three men but were rejected. At the time, Gray said it was hard for the defense to negotiate when the three still didn’t know what their federal sentences would be.
Rachel Moran, a law professor at the University of St. Thomas, said it’s possible Lane received a better offer, though what happened behind the scenes is unclear. As for the other officers, she said Lane’s guilty plea has “got to make them think.”
“I think most people would conceive of Thomas Lane as the least culpable of the three — and he’s the one pleading guilty,” Moran said. “Now if you are one of the other two left standing, it might change your position .... They may have less appealing offers to work with, but it still puts pressure on them.”
It’s still not clear what federal sentence Lane and the others could face. One legal expert told the Associated Press earlier this year that a federal penalty could range anywhere from five to 25 years. Federal sentencing dates have not been set.
Under state sentencing guidelines, a person with no criminal record could face a sentence ranging from just under three and a half years to four years and nine months for second-degree unintentional manslaughter, with the presumptive sentence being four years. Lane’s recommended sentence of three years, which still must be approved by the judge, would be five months less than the low range.
If Lane had been convicted of aiding and abetting second-degree murder, he would have faced a presumptive 12½ years in prison. And prosecutors served notice in 2020 that they intended to seek longer sentences for Lane, Kueng and Thao — as they did for Chauvin.
Chauvin is in prison, but the others are free on bond. A state trial is expected to proceed for Kueng and Thao in June.
Lane is to be sentenced Sept. 21 on the state charge.