The Mercury News

4 ex-officers indicted on U.S. civil rights charges

- By Amy Forliti and Michael Balsamo

MINNEAPOLI­S >> A federal grand jury has indicted the four former Minneapoli­s police officers involved in George Floyd’s arrest and death, accusing them of willfully violating the Black man’s constituti­onal rights as he was restrained facedown on the pavement and gasping for air.

A three-count indictment unsealed Friday names Derek Chauvin, Thomas Lane, J. Kueng and Tou Thao. Chauvin was convicted last month on state charges of murder and manslaught­er and is asking for a new trial. The other three are set for state trial on Aug. 23.

The indictment sends a strong message about the Justice Department’s priorities. Floyd’s May 25 arrest and death, which a bystander captured on cellphone video, sparked mass protests nationwide that called for an end to racial inequaliti­es and police mistreatme­nt of Black people.

When President Joe Biden was elected, he promised he’d work to end disparitie­s in the criminal justice system. The indictment­s were handed up about a week after federal prosecutor­s brought hate crimes charges in the death of 25-year-old Ahmaud Arbery in Georgia and announced two sweeping probes into policing in two states.

Floyd, 46, died after Chauvin pinned him to the ground with a knee on his neck, even as Floyd, who was handcuffed, repeatedly said he couldn’t breathe. Kueng and Lane also helped restrain Floyd — state prosecutor­s have said Kueng knelt on Floyd’s back and Lane held down Floyd’s legs. Thao held back bystanders and kept them from intervenin­g during the 9 1/2-minute restraint.

Lane, Thao and Kueng made initial court appearance­s Friday via videoconfe­rence in U.S. District Court in Minneapoli­s, and remain free on bond. Chauvin is held in state custody as he awaits sentencing on the state charges and hasn’t yet appeared in federal court.

While all four officers are charged broadly with depriving Floyd of his rights while acting under government authority, the indictment breaks down the counts. A count against Chauvin alleges he violated Floyd’s right to be free from unreasonab­le seizure and from unreasonab­le force by a police officer.

Thao and Kueng are charged with violating Floyd’s right to be free from unreasonab­le seizure by not intervenin­g to stop Chauvin as he knelt on Floyd’s neck. It’s not clear why Lane, who held down Floyd’s legs, is not mentioned in that count, but evidence in the state’s case shows that Lane had asked twice whether Floyd should be rolled on his side. All four officers are charged for their failure to provide Floyd with medical care.

Chauvin was also charged in a second indictment, stemming from the use of force and neck restraint of a 14-year-old boy in 2017.

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