George Floyd: Former officer Tou Thao says use of knees in restraint was part of training

Feb. 15 (UPI) -- Tou Thao, one of three former Minneapolis police officers charged in the death of George Floyd, testified Tuesday that he was taught to use his knees to keep a suspect pinned to the ground as part of his training with the department.

The former officers -- Thao, J. Alexander Kueng, and Thomas Lane -- face federal charges of violating Floyd's civil rights during his arrest in May 2020, which resulted in his death. Former officer Derek Chauvin suffocated Floyd by kneeling on his neck for nearly 10 minutes.

The three are charged with violating Floyd's rights while acting under government authority. During the arrest, Kueng knelt on Floyd's back, Lane held his legs and Thao warned bystanders to stay back.

Specifically, the federal charges accuse Lane, Kueng and Thao with depriving Floyd's rights under color of law -- and Thao and Kueng are also charged with willfully failing to intervene while Chauvin used unreasonable force that resulted in death.

Thomas Lane (L), J. Alexander Kueng and Tou Thao (R) face federal charges of violating George Floyd's civil rights in his arrest and death in Minneapolis on May 25, 2020. Photos courtesy Hennepin County Sheriff's Office

Thao's attorney Robert Paule on Tuesday showed the jury a photo of Thao, taken during his training at the police academy in 2009 that showed him and another cadet using their knees to pin a handcuffed actor posing as a suspect to the ground in a prone position.

"Just to be clear, is this something that was typically taught at the academy when you were there? Paule asked Thao.

"Yes," Thao replied.

Thao also said he was never told that such a maneuver was "improper."

On Monday, former Baltimore police officer and use-of-force expert Timothy Longo testified that the former officers should have intervened and provided medical attention.

Longo said that the officers failed to comply with acceptable police practices. Other experts testified that Floyd's arrest was "a survivable" event and that CPR could have saved his life.

Thao on Tuesday testified that he had "no idea" how serious Floyd's condition was until after paramedics took him away in an ambulance and firefighters arrived on the scene to assist paramedics with CPR.

"I kind of connected the dots ... OK. I guess this guy was in critical condition when they left," Thao said.

Under cross-examination from Assistant U.S. Attorney LeeAnn Bell, Thau said he was aware that Chauvin placed his knee on Floyd's kneck and that Floyd had stopped talking and appeared unconscious. He also acknowledged that police are trained to begin CPR immediately if someone loses a pulse and no paramedics are present and have a duty to intervene if another officer is committing a crime.

Thao also testified that Floyd complained he couldn't breathe as officers attempted to get him into the squad car, but noted that similar complaints had become "a regular occurrence" after Eric Garner, a 43-year-old Black man, uttered the same complaint as a New York City police officer placed him in a banned chokehold that led to his death.

He also testified that he and Chauvin drove to the scene at Cup Foods, the convenience store where Floyd was arrested, to back up Lane and Kueng despite a dispatcher calling them off.

"From my experience, Cup Foods is hostile to police. It's a well known Bloods hangout," he said, adding Lane and Kueng would not have been aware of this as they were rookies.

When they arrived Thao testified that he witnessed the two officers struggling to get Floyd into a squad car and said he had "never seen this much of a struggle" adding that it appeared Floyd was on some kind of drugs and that he had "super-human strength that more than three officers could handle."

Initially, Thao said he suggested using a hobble device to restrain Floyd but said he decided against it as he said it appeared Floyd was exhibiting "excited delirium" a diagnosis that usually refers to a person experiencing dangerous levels of agitation. He added that the use of the device would also require a sergeant's approval and could have delayed the arrival of emergency medical services.

Instead, he told jurors that he radioed dispatch to set up EMS response and acted as a "human traffic cone" by standing in the street to prevent cars from hitting Floyd and the officers.

When asked why he didn't get physically involved with Floyd he said he had other responsibilities.

"I had a different role," he said. "I assumed they were caring for him."

Kueng is expected to testify in his own defense, Lane told the judge Tuesday he will take the stand.

Prosecutors spent close to three weeks laying out their case against the officers and called witnesses that included police officers, medical personnel and eyewitnesses. A teenager who filmed the arrest was a witness for the prosecution.

In December, Chauvin pleaded guilty to two charges of depriving Floyd of his rights during the arrest and failing to provide medical aid. He has not yet been sentenced on those charges. Last April, he was convicted on state charges for Floyd's death and sentenced to 22 and a half years in prison.