1 plea, 1 alternative approach prevent trial over Floyd’s death | National

Kueng instead pleaded guilty to aiding and abetting second-degree murder in exchange for the murder charge being dropped. Yi Tao, who previously told the judge that pleading guilty would be “a lie,” agreed to a so-called evidentiary hearing on the charge of accessory to involuntary manslaughter. Both sides will present agreed evidence in his case, submit written closing arguments and allow Judge Peter Cahill to decide whether he is guilty or not guilty.

If Thao is convicted, the murder charge, which carries a suspended sentence of 12 1/2 years in prison, will be dismissed.

The day’s events brought to a close the lengthy prosecution of the officers involved in Floyd’s death. Derek Chauvin, the white officer who squeezed Floyd’s neck for 9 1/2 minutes, when Floyd said he couldn’t breathe and eventually fell silent, was convicted in state court in the spring of 2021 and later pleaded guilty to federal charges. Fourth Officer, Thomas Lanewas convicted of federal charges in February and pleaded guilty to state charges in May.

Kueng dropped onto Floyd’s back, Lane held his legs and Thaa restrained bystanders during the restraint, which was captured on video.

Attorney General Keith Ellison, whose office prosecuted the state’s criminal cases, said in a statement that he hoped Keung’s plea could bring comfort to Floyd’s family and “bring our communities closer to a new era of accountability and justice.” He also said his office is looking forward to a speedy resolution to Tao’s case.

Taa waived his right to a jury trial, as well as his right to cross-examine state witnesses, call his own witnesses, and testify. But he retains the right to appeal. His attorney, Bob Paul, told The Associated Press that this allows Taa to continue to consider his guilt or innocence, and “ultimately it’s up to the judge to decide whether it really is aiding and abetting.”

Legal experts say this approach is unusual in similar cases and could benefit both parties.

“The pretrial hearing allows him to maintain his innocence and impeach the court if he is found guilty, rather than making any confessions himself,” said Rachel Moran, a professor at the University of St. Thomas School of Law. “The state also does not want to sue. They are exhausted, their witnesses are exhausted. … They potentially get what they want, which is just a conviction and concurrent incarceration, which is what they were looking for.”

As part of the plea agreement, Kueng admitted that he held Floyd by the torso, that he knew from experience and training that keeping a handcuffed man prone posed a significant risk and that under the circumstances, restraining Floyd was unreasonable.

Kueng agreed to a sentence of 3 1/2 years in prison, which will run concurrently with the federal sentence and be in federal custody. The official sentence will be handed down to him later and he will be served returned to federal custody — he has been in prison in Ohio since early October.

Ben Crump and other lawyers for Floyd’s family said in a statement that Kueng’s plea shows that justice takes time, adding: “We must never forget the horror of what we all saw in this 9-minute video, and that everyone involved should rightfully be held accountable, and profound lessons for police officers and communities around the world.”

In Taa’s case, both sides have until November 17 to submit their submissions to Cahill, who has said he will make a decision within 90 days. If convicted of involuntary manslaughter, Taa will likely receive about four years in prison, to be served concurrently with the federal sentence.

Tao, who has been at the Federal Medical Center in Lexington, Kentucky, since early October, said in court that he wants to remain in the custody of the Hennepin County Sheriff’s Office while his case continues, even if he will be in solitary confinement.

Cahill told the court Taa had recently suffered a concussion, but did not say how. When asked if the incident took place at a federal prison, a spokesman for the Bureau of Prisons said it could not comment, citing privacy, safety and security concerns.

Someone familiar with the matter told the AP that Taa was attacked at the prison on Friday but suffered minor injuries. The person could not publicly discuss details of the case and spoke to the AP on condition of anonymity.

John Baker, a lawyer and associate professor of criminal justice at St. Cloud State University, said conditional trials can be used when there is a concern about getting an unbiased jury and when the case hinges more on a legal issue than on evidence.

Mike Brandt, a Minneapolis defense attorney who is also following the case, said: “I think there was an incentive for everybody to solve these cases. The state probably had a reality check; that the murder charges were dubious. And if they can get (a conviction) without the time and hassle, and frankly, without putting the witnesses through all the trauma again, that’s a huge benefit.”

Last year, Chauvin was found guilty of state murder and involuntary manslaughter serving 22 and a half years in public service. He also pleaded guilty to federal charges of violating Floyd’s civil rights and was sentenced to 21 years. He is serving a concurrent sentence at the Federal Correctional Institution in Tucson, Arizona.

Kueng, Lane and Tao were convicted on federal charges in February: All three were found guilty of denying Floyd his right to health care, and Tao and Kueng were also convicted of failing to intervene to stop Chauvin during the killing.

White Lane is serving 2 and a half years in prison in Colorado. At the same time, he is serving a three-year sentence. Kueng, who is Black, was sentenced to three years on the federal charges; Thao, who is Hmong American, was sentenced to 3 1/2 years in prison.

Associated Press writer Michael Balsama in Washington contributed to this report.