The legal fate of former Minneapolis police officer Tou Thao sits solely in the hands of Hennepin County judge Peter Cahill after prosecutors and Thao's defense attorneys submitted their closing arguments ahead of Tuesday's deadline.
Thao, who held bystanders back as former MPD officer Derek Chauvin knelt on George Floyd's neck in May 2020, is charged with aiding and abetting murder and manslaughter. He's also the final officer awaiting judgement in Floyd's killing.
Thao's attorney Robert Paule wrote the state has not proven beyond reasonable doubt that Thao new Chauvin was committing a crime.
“Thao is innocent of the charges against him because he did not intend that his specific actions were done to assist in the commission of a crime. Every one of Thao’s actions was done based upon the training he received from the Minneapolis Police Department. These actions were taken because Thao reasonably believed that Floyd was experiencing excited delirium, and were done with the intention of saving Floyd’s life,” wrote Paule. “Rightly or wrongly, this was his intention at the time, and it was reasonably based upon the situation he was in at the time. The state has failed to prove the requisite mens rea required for conviction. Thao is not guilty of all charges.”
Related
Thao, unlike the other three officers, maintains he did nothing wrong and rejected a plea deal last August. He told the court "it would be lying" to plead guilty.
Thao's serving 42 months in prison on federal charges.
In their filing, state prosecutors argued that the former officer "acted without courage and displayed no compassion" despite nearly a decade of experience as an officer.
"Thao was an experienced police officer with nearly nine years on the job. He knew that the officers’ prone restraint could kill. Thao was trained specifically to turn an individual onto his side to avoid positional asphyxia, the very thing that killed George Floyd. Thao could see Floyd’s life slowly ebbing away. Yet Thao made a conscious decision to actively participate in Floyd’s death. Thao held back the concerned onlookers, and even prevented an off-duty firefighter from rendering the very medical aid Floyd so desperately needed. Perhaps worse, Thao directly insisted upon continuing the restraint that killed Floyd."
Cahill now has 90 days to rule and hand down a sentence if Thao is found guilty.