Black man
Ex-cop who kneeled on George Floyd’s back gets 3.5-year term
The former Minneapolis police officer who kneeled on George Floyd’s back while another officer kneeled on the Black man’s neck was sentenced Friday to 3 1/2 years in prison.
J. Alexander Kueng pleaded guilty in October to a state count of aiding and abetting second-degree manslaughter. In exchange, a charge of aiding and abetting murder was dropped. Kueng is already serving a federal sentence for violating Floyd’s civil rights, and the state and federal sentences will be served at the same time.
Kueng appeared at the hearing via video from a federal prison in Ohio. When given the chance to address the court, he declined.
With credit for time served and different parole guidelines in the state and federal systems, Kueng will likely serve a total of about 2 1/2 years behind bars.
Floyd’s family members had the right to make victim impact statements, but none did. Family attorney Ben Crump, who has taken on some of the nation’s most high-profile police killings of Black people, said in a statement before the hearing that Kueng's sentencing “delivers yet another piece of justice for the Floyd family. ”
“While the family faces yet another holiday season without George, we hope that moments like these continue to bring them a measure of peace, knowing that George’s death was not in vain,” he said.
Floyd died on May 25, 2020, after former Officer Derek Chauvin kneeled on Floyd's neck for 9 1/2 minutes as Floyd repeatedly said he couldn't breathe and eventually went limp. The killing, which was recorded on video by a bystander, sparked worldwide protests as part of a broader reckoning over racial injustice.
Read more: Prosecutor: 3 cops in Floyd killing ‘chose to do nothing’
Kueng kneeled on Floyd's back during the restraint. Then-Officer Thomas Lane held Floyd's legs and Tou Thao, also an officer at the time, kept bystanders from intervening. All of the officers were fired and faced state and federal charges.
As part of his plea agreement, Kueng admitted that he held Floyd’s torso, that he knew from his experience and training that restraining a handcuffed person in a prone position created a substantial risk, and that the restraint of Floyd was unreasonable under the circumstances.
Matthew Frank, who led the prosecution for the Minnesota attorney general’s office, said repeatedly during the hearing that Floyd was a crime victim and that the prosecution “focused on the officers” who caused his death. He added that the case was not meant to be a broader examination of policing, but added that he hopes it will reaffirm that police officers cannot treat those “who are in crisis as non-people or second-class citizens.”
“Mr. Kueng was not simply a bystander that day. He did less than what some of the bystanders attempted to do in helping Mr. Floyd,” Frank said.
Kueng’s attorney, Thomas Plunkett, on Friday blamed the Minneapolis Police Department’s leadership and a lack of training for Floyd’s death. He highlighted Kueng’s status as a rookie — saying he had only been on the job on his own for three days — and accused department leadership of failing to implement training to encourage officers to intervene when one of their colleagues is doing something wrong.
“On behalf of Mr. Kueng, I’m not calling for justice. I’m calling for progress,” he said.
Then-Chief Medaria Arradondo fired Kueng and the three other officers the day after Floyd’s killing and later testified at Chauvin’s trial that the officers did not follow training. The former head of training for the department has also testified that the officers acted in a way that was inconsistent with department policies.
Kueng's sentencing brings the cases against all of the former officers a step closer to resolution, although the state case against Thao is still pending.
Thao previously told Judge Peter Cahill that it “would be lying” to plead guilty. In October, he agreed to what’s called a stipulated evidence trial on the count of aiding and abetting manslaughter. As part of that process, his attorneys and prosecutors are working out agreed-upon evidence in his case and filing written closing arguments. Cahill will then decide whether Thao is guilty or not.
If Thao is convicted, the murder count — which carries a presumptive sentence of 12 1/2 years in prison — will be dropped.
Chauvin, who is white, was convicted of state murder and manslaughter charges last year and is serving 22 1/2 years in the state case. He also pleaded guilty to a federal charge of violating Floyd’s civil rights and was sentenced to 21 years. He is serving the sentences concurrently at the Federal Correctional Institution in Tucson, Arizona.
Read more: Trial of 3 cops in Floyd killing to resume after COVID pause
Kueng, Lane and Thao were convicted of federal charges in February: 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.
Lane, who is white, is serving his 2 1/2-year federal sentence at a facility in Colorado. He's serving a three-year state sentence at the same time. Kueng, who is Black, was sentenced to three years on the federal counts; Thao, who is Hmong American, got a 3 1/2-year federal sentence.
2 years ago
5 Connecticut officers charged after Black man paralyzed in police van
Five Connecticut police officers were charged Monday with cruelly neglecting a Black man after he was partially paralyzed in the back of a police van, despite his repeated and desperate pleas for help.
Randy Cox, 36, was being driven to a New Haven police station June 19 for processing on a weapons charge when the driver braked hard at an intersection to avoid a collision, causing Cox to fly headfirst into a metal partition in the van.
“I can’t move. I’m going to die like this. Please, please, please help me,” Cox said minutes after the crash.
As Cox pleaded for help, some of the officers at the detention center mocked him and accused him of being drunk and faking his injuries, according to dialogue captured by surveillance and body-worn camera footage. Officers dragged Cox by his feet from the van and placed him in a holding cell prior to his eventual transfer to a hospital.
“I think I cracked my neck,” Cox said after the van arrived at the detention center.
“You didn't crack it, no, you drank too much ... Sit up,” said Sgt. Betsy Segui, one of the five officers charged.
Cox was later found to have a fractured neck and was paralyzed.
Read more: Columbus police officer fatally shoots girl swinging knife
The five New Haven police officers were charged with second-degree reckless endangerment and cruelty, both misdemeanors. The others charged were Officer Oscar Diaz, Officer Ronald Pressley, Officer Jocelyn Lavandier and Officer Luis Rivera. All have been on administrative leave since last summer.
Messages seeking comment were sent to attorneys for the officers.
Though each officer faces the same charges, some seemed to take Cox's pleas more seriously than others. Diaz, who drove the transport van, pulled over after Cox complained of his injury, spoke to him and requested that an ambulance meet them at the detention center. However, Diaz did not render medical attention to Cox as he lay face down on the floor.
The officers turned themselves in at a state police barracks Monday. Each was processed, posted a $25,000 bond and are due back in court Dec. 8, according to a news release from state police.
New Haven's police chief, speaking to reporters Monday along with the city's mayor, said it was important for the department to be transparent and accountable.
“You can make mistakes, but you can’t treat people poorly, period. You cannot treat people the way Mr. Cox was treated,” said Police Chief Karl Jacobson.
The case has drawn outrage from civil rights advocates like the NAACP, along with comparisons to the Freddie Gray case in Baltimore. Gray, who was also Black, died in 2015 after he suffered a spinal injury while handcuffed and shackled in a city police van.
Read more: Seven US police shot in deadly stand-off
An attorney for Cox's family, Ben Crump, said Monday that the New Haven officers need to be held accountable.
“It is important — when you see that video of how they treated Randy Cox and the actions and inactions that led to him being paralyzed from his chest down — that those police officers should be held to the full extent of the law,” Crump said.
Cox was arrested June 19 after police said they found him in possession of a handgun at a block party. The charges against him were later dropped.
Cox’s family filed a federal lawsuit against the city of New Haven and the five officers in September. The lawsuit alleges negligence, exceeding the speed limit and failure to have proper restraints in the police van.
Four of the officers filed motions last week claiming qualified immunity from the lawsuit, arguing that their actions in the case did not violate any “clearly established” legal standard.
New Haven officials announced a series of police reforms this summer stemming from the case, including eliminating the use of police vans for most prisoner transports and using marked police vehicles instead. They also require officers to immediately call for an ambulance to respond to their location if the prisoner requests or appears to need medical aid.
2 years ago
Video shows Akron police kill Black man in hail of gunfire
A Black man was unarmed when Akron police chased him on foot and killed him in a hail of gunfire, but officers believed he had shot at them earlier from a vehicle and feared he was preparing to fire again, authorities said Sunday at a news conference.
Akron police released video of the shooting of Jayland Walker, 25, who was killed June 27 in a pursuit that had started with an attempted traffic stop. The mayor called the shooting “heartbreaking” while asking for patience from the community.
It's not clear how many shots were fired by the eight officers involved, but Walker sustained more than 60 wounds. An attorney for Walker's family said officers kept firing even after he was on the ground.
Read: Protests erupt in Michigan after police officer kills black man: U.S. media
Officers attempted to stop Walker's car around 12:30 a.m. for unspecified traffic and equipment violations, but less than a minute into a pursuit, the sound of a shot was heard from the car, and a transportation department camera captured what appeared to be a muzzle flash coming from the vehicle, Akron Police Chief Steve Mylett said. That changed the nature of the case from “a routine traffic stop to now a public safety issue," he said.
Police body camera videos show what unfolded after the roughly six-minute pursuit. Several shouting officers with guns drawn approach the slowing car on foot, as it rolls up over a curb and onto a sidewalk. A person wearing a ski mask exits the passenger door and runs toward a parking lot. Police chase him for about 10 seconds before officers fire from multiple directions, in a burst of shots that lasts 6 or 7 seconds.
At least one officer had tried first to use a stun gun, but that was unsuccessful, police said.
Mylett said Walker’s actions are hard to distinguish on the video in real time, but a still photo seems to show him “going down to his waist area” and another appears to show him turning toward an officer. He said a third picture “captures a forward motion of his arm.”
In a statement shared Sunday with reporters, the local police union said the officers thought there was an immediate threat of serious harm, and that it believes their actions and the number of shots will be found justified in line with their training and protocols. The union said the officers are cooperating with the investigation.
Police said more than 60 wounds were found on Walker’s body but further investigation is needed to determine exactly how many rounds the officers fired and how many times Walker was hit.
The footage released by police ends with the officers' gunfire and doesn't show what happened next. Officers provided aid, and one can be heard saying Walker still had a pulse, but he was later pronounced dead, Mylett said.
The chief said an officer firing at someone has to be “ready to explain why they did what they did, they need to be able to articulate what specific threats they were facing ... and they need to be held to account.” But he said he is withholding judgment on their actions until they give their statements.
Read: Facebook sorry for ‘primates’ label on video of Black men
A handgun, a loaded magazine and an apparent wedding ring were found on the seat of the car. A casing consistent with the weapon was later found in the area where officers believed a shot had come from the vehicle.
State Attorney General Dave Yost vowed a “complete, fair and expert investigation" by the Ohio Bureau of Criminal Investigation and cautioned that “body-worn camera footage is just one view of the whole picture."
Akron police are conducting a separate internal investigation about whether the officers violated department rules or policies.
The officers involved in the shooting are on paid administrative leave, which is standard practice in such cases. Seven of them are white, and one is Black, according to the department. Their length of service with Akron police ranges from one-and-a-half to six years, and none of them has a record of discipline, substantiated complaints or fatal shootings, it said.
Demonstrators marched peacefully through the city and gathered in front of the Akron justice center after the video was released. NAACP President Derrick Johnson said in a statement that Walker’s death wasn't self-defense, but “was murder. Point blank.”
Late Sunday, police in full riot gear fired a dozen tear gas cannisters to disperse a handful of protesters outside the justice center, WKYC-TV reported.
Walker’s family is calling for accountability but also for peace, their lawyers said. One of the attorneys, Bobby DiCello, called the burst of police gunfire excessive and unreasonable, and said police handcuffed Walker before trying to provide first aid.
“How it got to this with a pursuit is beyond me,” DiCello said.
He said Walker’s family doesn’t know why he fled from police. Walker was grieving the recent death of his fiancee, but his family had no indication of concern beyond that, and he wasn't a criminal, DiCello said.
“I hope we remember that as Jayland ran across that parking lot, he was unarmed,” DiCello said.
He said he doesn’t know whether the gold ring found near the gun in the car belonged to Walker.
2 years ago
California deputy shoots Black man within a minute
A white sheriff’s deputy in the San Francisco Bay Area shot and killed a Black man in the middle of a busy intersection about a minute after trying to stop him on suspicion of throwing rocks at cars last month, newly released video showed.
Graphic body camera footage showing Deputy Andrew Hall shooting Tyrell Wilson, 33, within seconds of asking him to drop a knife was released Wednesday, the same day prosecutors charged Hall with manslaughter and assault in the fatal shooting of an unarmed Filipino man more than two years ago.
Also read:Protests erupt after Wisconsin police shoot another Black man
The charges came a day after former Minneapolis police Officer Derek Chauvin was convicted of killing George Floyd, a Black man whose death last May helped spark a national reckoning over racial injustice and police brutality.
The new video in California shows Hall calling out to Wilson and walking toward him March 11 as Wilson walked away. Wilson eventually turns to face the deputy, holding a knife, and says, “Touch me and see what’s up.”
As they stand in the intersection, Hall asks him three times to drop the knife as Wilson motions toward his face, saying, “Kill me.” Hall shoots once, and Wilson drops to the ground as drivers watch and record video.
The entire confrontation lasted about a minute.
An attorney for Wilson’s family released another video Thursday taken by someone stopped at the intersection.
“It doesn’t seem like he was doing anything,” someone says. After Hall shoots Wilson, which can be clearly seen in the video, another person says, “Oh, my God. ... This dude just got shot and killed, bro.”
Attorney John Burris said Hall was unnecessarily aggressive toward Wilson, who was not causing any problems and was backing away from the deputy before he was shot without warning.
“This is a homeless man, he’s walking away, minding his own business. He’s basically saying go away, leave me alone,” Burris said. “You felt compelled to kill him.”
Contra Costa County Sheriff David Livingston said the videos show Wilson was threatening Hall and was possibly throwing rocks at drivers.
“He did threaten Officer Hall,” Livingston said. “And he did start advancing toward Officer Hall in the middle of a major intersection. Officers are forced to make split-second decisions to protect themselves and the public, and that’s what happened here.”
Also read:Floyd verdict gives hope, if only fleeting, to Black America
Hall worked for the Contra Costa County Sheriff’s Office, which was contracted by the city of Danville to provide policing services.
Prosecutors have faced intensifying outcry after Wilson’s death, with critics saying they took too long to make a decision in the 2018 killing that Hall carried out. The deputy shot 33-year-old Laudemar Arboleda nine times during a slow-moving car chase.
Burris, who also is representing Arboleda’s family, said that if prosecutors had acted more quickly in the Arboleda case, Wilson might still be alive. Burris said both men were mentally ill.
The Contra Costa County district attorney’s office said it charged Hall with felony voluntary manslaughter and felony assault with a semi-automatic firearm in Arboleda’s death.
“Officer Hall used unreasonable and unnecessary force when he responded to the in-progress traffic pursuit involving Laudemer Arboleda, endangering not only Mr. Arboleda’s life but the lives of his fellow officers and citizens in the immediate area,” District Attorney Diana Becton said in a news release.
Hall’s attorney, Harry Stern, said prosecutors previously deemed the deputy’s use of force in the 2018 case justified, “given the fact that he was defending himself from a lethal threat. The timing of their sudden reversal in deciding to file charges seems suspect and overtly political.”
Deputies slowly pursued Arboleda through the city of Danville after someone reported a suspicious person in November 2018. Sheriff’s department video shows Hall stopping his patrol car, getting out and running toward the sedan driven by Arboleda. Hall opened fire and kept shooting as Arboleda’s car passed by, striking him nine times.
Hall testified at an inquest that he was afraid Arboleda would run him over.
The district attorney’s office says Wilson’s shooting is being investigated.
3 years ago