Thao was aware that Floyd was in medical distress.
Thao admitted that he could hear Floyd talking and could tell when Floyd ceased talking.
(Fed. Tr. Trans. at 3229, 3231.)
Thao heard Floyd say that he could not breathe. (Chauvin Tr. Exh. 49 [Thao BWC] at
20:18:37.)
Thao admitted that Floyd appeared unconscious during the restraint. (Fed. Tr. Trans. at
3231.)
Thao heard and acknowledged the bystanders’ repeated pleas that Floyd was in medical
distress and needed medical care. For instance:
(1) Thao heard Williams yell, “he’s non-responsive, right now. (Chauvin Tr. Exh. 49
[Thao BWC] at 8:25:33-:49.) Thao heard the bystanders say, “He’s not moving.”
(Chauvin Tr. Exh. 15 [Frazier Video] at 05:39:00-5:40:00.)
(2) Thao heard Hansen repeatedly asking him if Floyd had a pulse. (Chauvin Tr.
Exh. 15 [Frazier Video] at 04:54:00-05:47:00.)
(3) Thao heard Williams say Floyd is “not even resisting arrest right now.” (Chauvin
Tr. Exh. 49 [Thao BWC Video] at 8:24:40-:45.)
(4) Thao heard Funari say that Floyd was “passed out.” (Chauvin Tr. Exh. 49 [Thao
BWC Video] at 8:24:45.)
(5) Thao heard the bystanders yell, “Get the f _ _ k off him.” (Chauvin Tr. Exh. 49
[Thao BWC Video] at 8:25:16-:18.)
(6) Thao heard the bystanders yell, “Get off his neck.” (Chauvin Tr. Exh. 49 [Thao
BWC] at 8:21:41, 8:22:49.)
(7) Thao heard the bystanders yell, “Look at him [Floyd].” Thao later explained that
he took this to mean the officers needed to check on Floyd. (Chauvin Tr. Exh. 49
[Thao BWC Video] at 8:24:25; State’s Supp. Exh. 24 [BCA Video Interview with
Thao], at 01:11:20; see also State’s Supp. Exh. 23 (Transcript of BCA Video
Interview with Thao, at 27510).)
(8) Thao heard Hansen and Williams repeatedly demand that the officers check for a
pulse. (Chauvin Tr. Exh. 49 [Thao BWC Video] at 8:25:45-20:26:03.)
(9) Thao acknowledged that he could generally hear what the crowd was saying and
admitted responding to the crowd. (Fed. Tr. Trans. at 3295.)
(10) Thao also acknowledged that, at 8:23:48, he had heard the bystanders
expressing concern about the restraint, heard Floyd “again say he can’t breathe,”
and knew that Floyd’s “talking [was] getting weaker.” (Fed. Tr. Trans. at 3289-
3290.)
(11) Nearly a minute later, Thao heard the bystanders telling him that Floyd was not
talking. (Chauvin Tr. Exh. 49 [Thao BWC Video] at 8:24:20-:25.)
At a minimum, Thao’s actions reflected a subjective knowledge that Floyd was in
medical distress.
Thao increased the emergency call code from a Code 2 to a Code 3, meaning the
ambulance should use lights and sirens. Thao testified he did so because he believed Floyd was
undergoing excited delirium, which he characterized as a “serious medical condition.” (Fed. Tr.
Trans. at 3140, 3359.) Thao knew positional asphyxia can be a concern with excited delirium.
(Id. at 3223, 3367.)
Thao also testified that he checked with dispatch on the status of the ambulance “to
kind of figure out how far away the ambulance was.” (Fed. Tr. Trans. at 3153.)
In his post-incident BCA interview, Thao stated that he thought it was “a possibility” that
Floyd was experiencing a drug overdose. (State’s Supp. Exh. 24 [BCA Video Interview with
Thao], at 01:02:03; see Fed. Tr. Trans. at 3125-26.) Based on his training, Thao knew that a
person experiencing a drug overdose is in medical distress.
Thao’s contrary testimony implying he had more limited knowledge of the events is not
credible and is contradicted by overwhelming video evidence as well as by Thao’s own
admissions.[/i]
