2Y-CR-20-12949 Filed in District Court State of Minnesota 6f3i?2020 State of Minnesota District Court County of Hennepin 4th Judicial District Prosecutor File No. 33.ECS50227 Court File No. 2T-CR-20-12949 State of Minnesota, COMPLAINT Plaintiff, Warrant VS. TOU THAO 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 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): 05f25f2020 Control 20200338 Charge Description: That on or about May 25, 2020, in Hennepin County, Minnesota, Tou Thao intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the other to commit the 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 first or second degree with force or violence or a drive-by shooting, namely assault in the third degree. COUNT Charge: Aiding and Abetting Second Degree Manslaughter - Culpable Negligence Creating Unreasonable Risk Minnesota Statute: with reference to: 609051 Maximum Sentence: Imprisonment of not more than 10 years, or payment of a fine of not more than $20,000, or both. Offense Level: Felony Offense Date (on or about): 05f25i2020 Control 20200338 Charge Description: That on or about May 25, 2020, in Hennepin County, Tou Thao intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the other to commit the crime, namely 1 Filed in District Court State of Minnesota caused the death of another, George Floyd, by his culpable negligence, creating an and consciously took the chances of causing death or great bodily harm to another, George Floyd. 2949 Filed in District Court State of Minnesota STATEMENT OF PROBABLE CAUSE 6l3t2020 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 and J.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 ca raround the corner from the store on 38th Street. BWC video obtained by the Minnesota Bureau of Criminal Apprehension shows that the officers approached the car, Lane 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 back seat. As Of?cer Lane began speaking with Mr. Floyd, he 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, Lane put his gun back in its holster. While Of?cer Kueng was speaking with the front seat passenger, Lane ordered Mr. Floyd out of the car, put his hands on Mr. Floyd, and pulled him out of the car. Lane handcuffed Mr. Floyd. Once hand cuffed, Mr. Floyd walked with Lane to the sidewalk and sat on the ground at Lane?s direction. When Mr. Floyd sat down he said ?thank you man" and was calm. In a conversation that lasted just under two minutes, Lane asked Mr. Floyd for his name and identi?cation. Lane asked Mr. Lloyd if he was "on anything" and noted there was foam at the edges of his mouth. Lane explained that he was arresting Mr. Floyd for passing counterfeit currency. At 8:14 pm, Officers Laneand Kueng 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 (the defendant) then arrived in a separate squad car. The 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 officers 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 sideand Lane 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. Of?cer Kueng held Mr. Floyd's back and Of?cer Lane 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 officers stayed in their positions. The defendant initially obtained a hobble restraint from the squad car to restrain Mr. Floyd in that manner, but the of?cers decided not to use it and maintained their positions. During this time, the defendant looked directly at how Chauvin was restraining Mr. Floyd, with Chauvin's knee on Mr. Floyd?s neck area, and observed that the three of?cers had Mr. Floyd subdued in this manner. The defendant then became concerned about a number of citizens who had gathered and were watching the of?cers subdue Mr. Floyd, and potential traf?c concerns, and so the defendant stood between those citizens and the three officers 3 Filed in District Court State of Minnesota restraining Mr. Floyd. When one Citizen stepped off the curb, imploring Chauvin to get off of Mr. Floyd, 8192020 defendant put his hands on the citizen to keep him back. One of the of?cers said,"You are talking fine" to Mr.Floyd as he continued to move back and forth. Lane asked, "should we roll him on his side?"and Of?cer Chauvin said,"No, staying put where we got him." Lane said,"l am worried about excited delirium or whatever." Officer Chauvin why we have him on his stomach." Officer Chauvin and Officer Kueng held Mr. Floyd's right hand up. None of the three of?cers moved from their positions. 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. Lane said, "want to roll him on his side." Kueng checked Mr. Floyd's right wrist for a pulse and said, couldn't find 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 MedicalCenter. 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?cers Chauvin, Lane, and Kueng subdued Mr. Floyd prone to the ground in this mannerfor 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 officers 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. Filed in District Court State of Minnesota SIGNATURES AND APPROVALS 6/3f2020 Complainant requests that Defendant, subject to bail 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 otherwise 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 06f03f2020 01 :07 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 06i0312020 01:00 PM 445 Minnesota Street Suite 1400 St. Paul, MN 55101 2949 Filed in District Court State of Minnesota FINDING OF PROBABLE CAUSE 6i3t2020 From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail 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 AMIPM 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: I 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 Officer is available to be dealt with according to law. Execute in MN Onty Execute Nationwide Execute tn 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 Officer as of the following date: June 3, 2020. Judicial Officer Luis Bartolomei Electronically Signed: 06i03i2020 01:38 PM District Court Judge Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF HENNEPIN STATE OF MINNESOTA State of Minnesota plaintiff LA ENFORCEMENT RETURN OF 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: Tou Thao 9 Defendant DEFENDANT FACT SH EET Name: Tou Thao DOB: Address: Alias NamesiDOB: 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 6f3f2020 27-CR-20-12940 Filed in District Court State of Minnesota STATUTE AND OFFENSE GRID 6f3f2020 Statute Offense Statute and Descriptions Offense MOC GOC Controlling Case Type Datets) Level Agencies Numbers '1 Charge 5f25f2020 609.19.2(1) Felony H2853 MN BCA0000 20200338 Murder 2nd Degree Without Intent While Committing a Felony Modifier 5t25f2020 00905.1 No-Leyel H2853 MNBCA0000 20200338 Liability for Crimes of Another?Intentional 2 Charge 5t25f2020 009.205?) Felony H3003 MNBCA0000 20200338 Manslaughter 2nd Degree Culbable Negligence Creating Unreasonable Risk Modifier 5t25f2020 00905.1 No-Level H3003 MNBCA0000 20200338 Liability for Crimes of Another?Intentional