DRAFT

(AMENDED)
CRIMINAL COMPLAINT

STATE
vs.
DEREK MICHAEL CHAUVIN
THOMAS LANE
TOU THAO
J. ALEXANDER KUENG.

Defendants.

Each of the following crimes occurred on or about May 25, 2020, in Hennepin County,
Minnesota by Derek Michael Chauvin, Thomas Lane, Tou Thao, J. Alexander Kueng.

COUNT I
Charge: Murder - MURDER IN THE FIRST DEGREE - Perpetrating act with
premeditation and with intent to cause death - Minn. Stat. § 609.185(a)(1); AIDING,
ABETTING; LIABILITY -A person is criminally liable for a crime committed by
another if the person intentionally aids, advises, hires, counsels, or conspires with or
otherwise procures the other to commit the crime. Minn. Stat. § 609.05, Sub. 1.
Subd. 2. Expansive liability. A person liable under subdivision 1 is also liable for any
other crime committed in pursuance of the intended crime if reasonably foreseeable by
the person as a probable consequence of committing or attempting to commit the crime
intended. Minn. Stat. § 609.05, Sub. 2.

Maximum Sentence: Life (mandatory)

Charge Description: Derek Michael Chauvin caused the death of George Floyd by
perpetrating acts with premeditation and with intent to effect the death of George Floyd.
Thomas Lane, Tou Thao, J. Alexander Kueng aided and abetted Michael Chauvin in the
perpetration of his acts which caused the death of George Floyd.
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 COUNT II

Charge: MURDER IN THE SECOND DEGREE - Perpetrating Act Without Intent to

Cause Death- Minn. Stat. § 609.19 Sub. 2(1); AIDING, ABETTING; LIABILITY -A
person is criminally liable for a crime committed by another if the person intentionally
aids, advises, hires, counsels, or conspires with or otherwise procures the other to
commit the crime. Minn. Stat. § 609.05, Sub. 1.

Subd. 2. Expansive liability. A person liable under subdivision 1 is also liable for any
other crime committed in pursuance of the intended crime if reasonably foreseeable by
the person as a probable consequence of committing or attempting to commit the crime
intended. Minn. Stat. § 609.05, Sub. 2.

Maximum Sentence: 40 years

Charge Description: Derek Michael Chauvin caused the death of George Floyd while
perpetrating Assault in the First Degree, against George Floyd, a violation of Minn. Stat.
§ 609.221, Sub. 2(1) which states in part, “whoever assaults another and inflicts great
bodily harm may be sentenced to imprisonment”, thus committing murder in the second
degree by causing the death of George Floyd, a human being, without intent to effect the
death of any person, while committing or attempting to commit a felony offense in the
first or second degree with force or violence. The assault amounted to torture, a heinous
act described as the intentional infliction of extreme mental anguish, or extreme
psychological or physical abuse, when committed in an especially depraved manner.
(Minn. Stat. § 609.3455, Sub. 1(I)).

Thomas Lane, Tou Thao, J. Alexander Kueng aided and abetted Michael Chauvin in the
perpetration of his acts which caused the death of George Floyd.
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 COUNT III

Charge: Murder - CRIME AGAINST HUMANITY (MURDER) - Rome Statute of

International Criminal Court, Article 7, Sec. 1(a) - Committing an murder as part of a
widespread or systematic attack directed against any civilian population. AIDING,
ABETTING; LIABILITY -A person is criminally liable for a crime committed by
another if the person intentionally aids, advises, hires, counsels, or conspires with or
otherwise procures the other to commit the crime. Minn. Stat. § 609.05, Sub. 1.
Subd. 2. Expansive liability. A person liable under subdivision 1 is also liable for any
other crime committed in pursuance of the intended crime if reasonably foreseeable by
the person as a probable consequence of committing or attempting to commit the crime
intended. Minn. Stat. § 609.05, Sub. 2.

Maximum Sentence:

Charge Description: Derek Michael Chauvin caused the death of George Floyd as part of
widespread attacks by members of United States law enforcement against unarmed
African American people resulting in death.

Thomas Lane, Tou Thao, J. Alexander Kueng aided and abetted Michael Chauvin in the
perpetration of his acts which caused the death of George Floyd.
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 COUNT IV
Charge: Murder - CRIME AGAINST HUMANITY (TORTURE) - Rome Statute of
International Criminal Court, Article 7, Sec. 1(f) - Committing an torture as part of a
widespread or systematic attack directed against any civilian population. (e) "Torture"
means the intentional infliction of severe pain or suffering, whether physical or mental,
upon a person in the custody or under the control of the accused; RS ICC Article 7, Sec.
2(e)

Thomas Lane, Tou Thao, J. Alexander Kueng aided and abetted Michael Chauvin in the
perpetration of his acts which caused the death of George Floyd.

Maximum Sentence:

Charge Description: Derek Michael Chauvin subjected George Floyd to torture as part of
widespread attacks by members of United States law enforcement against unarmed
African American people.

Thomas Lane, Tou Thao, J. Alexander Kueng aided and abetted Michael Chauvin in the
perpetration of his acts which caused the death of George Floyd.
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 STATEMENT OF PROBABLE CAUSE

This complaint incorporates by reference the Complaint filed in the State of Minnesota
District Court, County of Hennepin 4th Judicial District, Court File No. 27-CR-20-12646
in the case name, State of Minnesota, Plaintiff vs. Derek Michael Chauvin, Defendant.

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, a nonviolent offense. At 8:08 p.m., Minneapolis Police
Department (MPD) Officers Defendant Thomas Lane and Defendant J.A. Kueng arrived
with their body worn cameras (BWCs) activated and running. The Defendants were told
by store personnel that the man who passed the counterfeit $20 was parked in a car
around 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, Defendant Lane on the driver’s side and Defendant Kueng
on the passenger side. Three people were in the carp 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. Defendant Lane pulled his gun out, pointed it at Mr. Floyd, and directed
Mr. Floyd to show his hands. When Mr. Floyd put his hands in the steering wheel, Lane
put his gun back in its holster.

While Defendant Kueng was speaking with the front seat passenger, Defendant Lane
ordered Mr. Floyd out of the car, put his hands on Mr. Floyd, and pulled him out of the
car. Officer Lane handcuffed Mr. Floyd.

Once handcuffed, Mr. Floyd became compliant and walked with Defendant Lane to the
sidewalk and sat on the ground at Defendant Lane’s direction. Defendant Lane
explained that he was arresting Mr. Lloyd for passing counterfeit currency.

Defendant s Kueng and Lane stood Mr. Floyd up and attempted to walk Mr. Floyd to
their squad car (MPD 320) at 8:14 p.m. Mr. Floyd stiffened up, fell to the ground, and
told the Defendant s he was claustrophobic.

MPD Officers Defendant Derek Chauvin and Defendant Tou Thoa then arrived in a
separate squad car.
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The Defendant s made several attempts to get Mr. Floyd in the backseat of squad 320
from the driver’s side. Mr. Floyd was eventually placed in the passenger side of the
backseat of the squad car.

Defendant Chauvin pulled Mr. Floyd out of the passenger side of the squad car at
8:19:38 p.m. and Mr. Floyd went to the ground face down and still handcuffed.
Defendant Chauvin placed his left knee in the area of Mr. Floyd’s head and neck,
Defendant Kueng placed his knee in the area of Mr. Floyd’s back, and Defendant Lane
placed his knee in the area of Mr. Floyd’s legs. Mr. Floyd said, “I can’t breathe”multiple
times and repeatedly said, “Mama” and “please,” as well. Each of the Defendants stayed
in their positions. As numerous citizens pleaded with the Defendants to cease assaulting
and torturing Mr. Floyd, Defendant Tou Thao acted as a lookout for his co-defendants to
guard against any person who would attempt to exercise the lawful right to defense of
others and rescue Mr. Floyd from harm or death.

Defendant Lane asked, “should we roll him on his side?” and Defendant Chauvin said,
“No, staying put where we got him.” Defendant Lane said, “I am worried about excited
delirium or whatever.” The defendant said, “That’s why we have him on his stomach.”
None of the three Dfendants with knees applying compression to Mr. Floyd’s neck, back,
and legs moved from their positions.

BWC video shows Mr. Floyd continue to move and breathe. 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, “I couldn’t find one.” Again, none of the officers moved from their
positions to relieve the pressure from Mr. Floyd’s body or to attempt to resusitate Mr.
Floyd.

At 8:27:24, the defendant removed his knee from Mr. Floyd’s neck, minutes after he
ceased moving and was apparently suffering from cardiac arrest. None of the Defendants
attempted to perform cardiacpulmonary resuscitation (CPR) on Mr. Floyd nor made any
other attempts to revive him. Each of the Defendants were trained in CPR. An ambulance
and emergency medical personnel arrived, Mr. Floyd was placed on a gurney, and the
ambulance transported Mr. Floyd to Hennepin County Medical Center where he was
pronounced dead.

The Hennepin County Medical Examiner (ME) conducted Mr. Floyd’s autopsy on May
26, 2020. The full report of the ME is pending but the ME has made the following

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preliminary findings. The autopsy revealed no physical findings that support a diagnosis
of traumatic asphyxia or strangulation. Mr. Floyd had underlying health conditions
including coronary artery disease and hypertensive heart disease. The
combined effects of Mr. Floyd being restrained by the police, his underlying health
conditions and any potential intoxicants in his system likely contributed to his death.
The defendant 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 in an
apparent attempt to ensure his death. Police are trained that this type of restraint with a
subject in a prone position is inherently dangerous and could result in death or serious
bodily injury.

Preliminary results from an independent autopsy commissioned by Mr. Floyd’s family

found that Mr. Floyd’s death while in the custody of each of the Defendants was
"homicide caused by asphyxia due to neck and back compression that led to a lack of
blood flow to the brain".

Each of the autopsy results indicated that Mr. Floyd died by homocide.

Each of the crimes were committed as part of deadly widespread or systematic attacks
directed against Black persons occurring nationwide in the United States by sworn law
enforcement personnel using criminal violence.

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Drafted by:
Professor James M. Simmons
California State Bar No. 159726
simmonsattorney@gmail.com

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