In victory for the two officers, Judge to use sentencing guidelines for the crime of involuntary manslaughter as a starting point, rather than murder
A federal judge on Friday sided with two former Minneapolis police officers who were convicted of violating George Floyd’s civil rights, ruling that the guidelines for their sentences will be calculated in a way that could mean substantially less prison time for them.
Kueng and Thao were also convicted of failing to intervene to stop Chauvin in the killing, which was recorded on video by a bystander and sparked worldwide protests as part of a reckoning over racial injustice. While Chauvin pinned down Floyd’s neck, Kueng held Floyd’s back, Lane held his feet and Thao kept bystanders back.
A hearing was held Friday to address the complex formulas used to calculate a person’s “offense level,” which then is used to set a guideline range for sentencing that federal judges are not bound to follow but typically do. “The facts of this case do not amount to second-degree murder under federal law,” Magnuson wrote. “Defendants Kueng and Thao each made a tragic misdiagnosis in their assessment of Mr. Floyd.” He added that both men genuinely thought Floyd was suffering from a drug overdose and “excited delirium” – a disputed condition in which someone is said to have extraordinary strength.
Kueng, who is Black, and Thao, who is Hmong American, remain free on bond pending their sentencing. They are also charged with state counts of aiding and abetting both second-degree murder and second-degree manslaughter. They have turned down plea deals in that case and are scheduled to stand trial on those charges on Oct. 24.
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