Officer involved in Floyd murder has appeal for new trial denied

Vigil honoring George Floyd 3 years later

Community members gathered at a vigil honoring and remembering George Floyd’s three years after his death. Floyd’s sister also shared a message of forgiveness in Houston, Texas.

MINNEAPOLIS (FOX 9) - A Minneapolis Police Officer convicted as part of the murder of George Floyd has had an appeal for a new trial denied.

On Friday a ruling by the U.S. Court of Appeals concluded that, "There was sufficient evidence for the jury to find that [Tou] Thao acted willfully on both counts and that any prosecutorial conduct did not deprive Thao of his right to a fair trial."

J. Alexander Kueng and Tou Thao were convicted in February 2022 of two counts of violating Floyd’s civil rights in the 2020 death. The jury found they deprived Floyd of medical care and failed to stop Derek Chauvin as he knelt on Floyd’s neck for 9 1/2 minutes while Floyd gasped for air.

Thao, who held back bystanders during Floyd's killing, received 3.5 years, or 42 months, in prison for violating Floyd's civil rights and two years of supervised release.

Federal prosecutors requested the judge sentence Kueng and Thao to less time than Chauvin but more than Thomas Lane.

Chauvin received a 21 year sentence, while Lane got 2.5 years.

Thao is due to be sentenced on Monday, Aug. 7.

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