27-CR-20-12951 Filed in District Court State of Minnesota 6/3/2020 State of Minnesota District Court County of Hennepin 4th Judicial District Prosecutor File No. 33.EC56.0227 Court File No. 27-CR-20-12951 State of Minnesota, COMPLAINT Plaintiff, Warrant vs. THOMAS KIERNAN LANE DOB: 03/08/1983 St. Paul, MN 55112 Defendant. The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s): COUNT I Charge: Aiding and Abetting Second Degree Murder - Unintentional - While Committing a Felony Minnesota Statute: with reference to: 60905.1 Maximum Sentence: Imprisonment of not more than 40 years. Offense Level: Felony Offense Date (on or about): 05/25/2020 Control 20200338 Charge Description: That on or about May 25, 2020, in Hennepin County, Minnesota, Thomas Kiernan Lane intentionally aided, advised, hired counseled, or conspired with or othenNise procured another to commit a crime, namely, causing the death of a human being, George Floyd, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the ?rst or second degree with force or violence or a drive-by shooting, namely assault in the third degree. COUNT II Charge: Aiding and Abetting Second Degree Manslaughter - Culpable Negligence Creating Unreasonable Risk Minnesota Statute: with reference to: 60905.1 Maximum Sentence: Imprisonment of not more than 10 years, or payment of a ?ne of not more than $20,000, or both. Offense Level: Felony Offense Date (on or about): 05/25/2020 Control 20200338 Charge Description: That on or about May 25, 2020, in Hennepin County, Thomas Kiernan Lane intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the other to commit 1 27-CR-20-12951 Filed in District Court . . State of Minnesota the crime, namely caused the death of another, George Floyd, by his culpable negligence, creating/mo unreasonable risk and consciously took the chances of causing death or great bodily harm to another, George Floyd.. 27-CR-20-1 2951 Filed in District Court State of Minnesota STATEMENT OF PROBABLE CAUSE 6/3/2020 On May 25, 2020, someone called 911 and reported that a man bought merchandise from Cup Foods at 3759 Chicago Avenue in Minneapolis, Hennepin County, Minnesota with a counterfeit $20 bill. At 8:08 p.m.,Minneapolis Police Department (MPD) Of?cers Thomas Lane (the defendant) andJ.A.Kueng arrived with their body worn cameras (BWCs) activated and running. The of?cers learned from store personnel that the man who passed the counterfeit $20 bill was parked in a car around the comer from the store on 38th Street. BWC video obtained by the Minnesota Bureau of Criminal Apprehension shows that the of?cers approached the car, the defendant on the driver's side and Kueng on the passenger side. Three people were in the car; George Floyd was in the driver's seat, a known adult male was in the passenger seat and a known adult female was sitting in the backseat. As the defendant began speaking with Mr. Floyd, the defendant pulled his gun out and pointed it at Mr.Floyd's open window and directed Mr. Floyd to show his hands. When Mr. Floyd put his hands on the steering wheel, the defendant put his gun back in its holster. While Of?cer Kueng was speaking with the front seat passenger, the defendant ordered Mr. Floyd out of the car, put his hands on Mr. Floyd, and pulled him out of the car. The defendant handcuffed Mr. Floyd. Once handcuffed, Mr. Floyd walked with the defendant to the sidewalk and sat on the ground at the defendant?s direction. When Mr. Floyd sat down he said ?thank you man? and was calm. In a conversation that lasted just under two minutes, the defendant asked Mr. Floyd for his name and identi?cation. The defendant asked Mr. Lloyd if he was "on anything" and noted there was foam at the edges of his mouth. The defendant explained that he was arresting Mr. Floyd for passing counterfeit currency. At 8:14 pm, Of?cer Kueng and the defendant stood Mr. Floyd up and attempted to walk Mr. Floyd to their squad car. As the of?cers tried to put Mr. Floyd in their squad car, Mr.Floyd stiffened up and fell to the ground. Mr. Floyd told the of?cers that he was not resisting but did not want to get in the back seat and was claustrophobic. MPD Of?cers Derek Chauvin and Tou Thao then arrived in a separate squad car. The defendant, together with the other of?cers, made several attempts to get Mr. Floyd in the backseat of their squad car by pushing him from the driver's side. As the of?cers were trying to force Mr. Floyd in the backseat, Mr. Floyd repeatedly said that he could not breathe. Mr. Floyd did not voluntarily sit in the backseat and the of?cers physically struggled to try to get him in the backseat. Of?cer Chauvin went to the passenger side and tried to get Mr. Floyd into the car from that side and the defendant and Kueng assisted. Of?cer Chauvin pulled Mr. Floyd out of the passenger side of the squad car at 8:19:38 pm. and Mr. Floyd went to the ground face down and still handcuffed. Kueng held Mr. Floyd's back and the defendant held his legs. Of?cer Chauvin placed his left knee in the area of Mr. Floyd's head and neck. Mr. Floyd said, can't breathe" multiple times and repeatedly said, "Mama" and "please," as well. At one point, Mr. Floyd said ?I?m about to die.? Of?cer Chauvin and the other two of?cers stayed in their positions. One of the of?cers said,"You are talking ?ne" to Mr. Floyd as he continued to move back and forth. The defendant asked, "should we roll him on his side?" and Of?cer Chauvin said,"No, staying put where we got him." The defendant said,"l am worried about excited delirium or whatever." Of?cer Chauvin why we have him on his stomach." Of?cer Chauvin and Kueng held Mr. Floyd?s right hand up. Despite his comments, the defendant took no actions to assit Mr. Floyd, to change his position, or to reduce the force 3 Filed in District Court . State of Minnesota the of?cers were usmg against Mr. Floyd. None of the three of?cers moved from their posmons. 6/3/2020 While Mr. Floyd showed slight movements, his movements and sounds decreased until at 8:24:24, Mr. Floyd stopped moving. At 8:25:31 the video appears to show Mr. Floyd ceasing to breathe or speak. The defendant said, "want to roll him on his side." Kueng checked Mr. Floyd's right wrist for a pulse and said, couldn't ?nd one." None of the of?cers moved from their positions. At 8:27:24, Of?cer Chauvin removed his knee from Mr. Floyd's neck. An ambulance and emergency medical personnel arrived, the of?cers placed Mr. Floyd on a gurney, and the ambulance left the scene. Mr. Floyd was pronounced dead at Hennepin County Medical Center. The Hennepin County Medical Examiner (ME) conducted Mr. Floyd's autopsy on May 26, 2020. While the ME did not observe physical ?ndings supportive of mechanical the ME opined that Mr. Floyd died from cardiopulmonary arrest while being restrained by law enforcement of?cers. The autopsy revealed that Mr. Floyd had arteriosclerotic and hypertensive heart disease, and toxicology testing revealed the presence of fentanyl and evidence of recent methamphetamine use. The ME opined that the effects of the of?cers? restraint of Mr. Floyd, his underlying health conditions, and the presence of the drugs contributed to his death. The ME listed the cause of death as ?[c]ardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression,? and concluded the manner of death was homicide. Of?cer Chauvin, the defendant, and Of?cer Kueng subdued Mr. Floyd prone to the ground in this manner for nearly 9 minutes. During this time, Mr. Floyd repeatedly stated he could not breathe and his physical condition continued to deteriorate such that force was no longer necessary to control him. Of?cer Chauvin had his knee on Mr. Floyd's neck for 8 minutes and 46 seconds in total. Two minutes and 53 seconds of this was after Mr. Floyd was non-responsive. Police are trained that this type of restraint with a subject in a prone position is inherently dangerous. Of?cer Chauvin?s restraint of Mr. Floyd in this manner for a prolonged period was a substantial causal factor in Mr. Floyd losing consciousness, constituting substantial bodily harm, and Mr. Floyd?s death as well. 27-CR-20-12951 Filed in District Court State of Minnesota SIGNATURES AND APPROVALS 6/3/2020 Complainant requests that Defendant, subject to ball or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant othenNise be dealt with according to law. Complainant declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat. 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2. Complainant James D. Reyerson Electronically Signed: Special Agent 06/03/2020 01:06 PM 1430 Maryland Avenue Ramsey County, Minnesota St. Paul, MN 55106 Badge:1385 Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Matthew Frank Electronically Signed: Assistant Attorney General 06/03/2020 12:59 PM 445 Minnesota Street Suite 1400 St. Paul, MN 55101 (651) 297-1075 27-CR-20-12951 Filed in District Court State of Minnesota FINDING OF PROBABLE CAUSE 6/3/2020 From the above sworn facts, and any supporting af?davits or supplemental sworn testimony, I, the Issuing Of?cer, have determined that probable cause exists to support, subject to ball or conditions of release where applicable, Defendant?s arrest or other lawful steps be taken to obtain Defendant?s appearance in court, or Defendant?s detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense(s). SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on at before the above-named court at the address listed on the attached court summons to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. WARRANT To the Sheriff of the above-named county; or other person authorized to execute this warrant: order, in the name of the State of Minnesota, that the Defendant be apprehended and arrested without delay and brought before the court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Of?cer is available to be dealt with according to law. Execute in MN Only Execute Nationwide Execute in Border States ORDER OF DETENTION Since the Defendant is already in custody, order, subject to bail or conditions of release, that the Defendant continue to be detained pending further proceedings. Bail: $1,000,000.00 Conditions of Release: This complaint, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Of?cer as of the following date: June 3, 2020. Judicial Officer Luis Bartolomei Electronically Signed: 06/03/2020 01:34 PM District Court Judge Sworn testimony has been given before the Judicial Of?cer by the following witnesses: COUNTY OF HENNEPIN STATE OF MINNESOTA State of Minnesota Plaintiff LAWENFORCEMENT OFFICER RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this Warrant vs. upon the Defendant herein named. . Si nature of Authorized Service A ent: Thomas Klernan Lane 9 9 Defendant 27-CR-20-12951 DEFENDANT FACT SHEET Name: Thomas Kiernan Lane DOB: 03/08/1983 Address: St. Paul, MN 55112 Alias Names/DOB: SID: Height: Weight: Color: Hair Color: Gender: MALE Race: Fingerprints Required per Statute: Yes Fingerprint match to Criminal History Record: No Driver's License Alcohol Concentration: Filed in District Court State of Minnesota 6/3/2020 27-CR-20-12951 Filed in District Court State of Minnesota STATUTE AND OFFENSE GRID 6/3/2020 Statute Offense Statute and Descriptions Offense MOC GOC Controlling Case Type Date(s) Level Agencies Numbers 1 Charge 5/25/2020 609.19.2(1) Felony H2853 20200338 Murder - 2nd Degree - Without Intent - While Committing a Felony Modi?er 5/25/2020 609.05.1 No-Level H2853 20200338 Liability for Crimes of Another-Intentional 2 Charge 5/25/2020 609.205(1) Felony H3003 20200338 Manslaughter - 2nd Degree - Culpable Negligence Creating Unreasonable Risk Modi?er 5/25/2020 609.05.1 No-Level H3003 20200338 Liability for Crimes of Another-Intentional