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Daunte Wright Shooting Trial – VERDICT: GUILTY 1ST AND 2ND DEGREE MANSLAUGHTER

Daunte Wright Shooting Trial – VERDICT: GUILTY 1ST AND 2ND DEGREE MANSLAUGHTER

Guilty on all Counts.

UPDATE – “TRIAL OUTCOME” REACHED, to be read in Court 1:30 p.m. Central time.

“VERDICT” LIVE —

(will update as happens)

COUNT I – Charge: First-Degree Manslaughter Predicated on Reckless Use/Handling of a Firearm GUILTY
COUNT II – Charge: Second-Degree Manslaughter GUILTY

Judge orders Potter taken into custody without bail. Attorneys ask for argument on the issue. Not a danger to public, has made all court appointments, it’s Christmas season, will seek dispositional departure due to clear remorse. Ask that she not be incarcerated until sentencing. Deep roots in community, not a flight risk.

Prosecution asked she be taken into custody immediately. Customary to take into custody upon conviction for this level of crime. Potter not living in state, aggravating factor. Will be seeking Blakely sentencing enhancement.

Judge: Presumptive sentences immense, will require she be taken into custody without bail. Can’t treat this case differently than any other case. Defense motion for dispositional departure due January 31, state response February 14. State Blakely brief due in two weeks, defense response due January 31. Sentencing February 18, 9 a.m.

According to NY Times:

The standard sentence range for the more serious charge, first-degree manslaughter, is between about six to eight and a half years in prison, and the maximum penalty is 15 years.

EARLIER COVERAGE:

Welcome to our coverage of the Kim Potter manslaughter trial over the April 11, 2021, shooting death of Duante Wright in a suburb of Minneapolis, when then-police officer Potter unintentionally used her Glock 17 pistol in place of her intended Taser.

The case has been with the jury since 12:45 p.m. Central time on December 20, 2021, a total of over 24 hours of deliberation time. Questions asked on Day 2 (see below) indicate the jury was having trouble reaching “consensus.” The jury will resume deliberations at 9 a.m. Central today. We will monitor developments and will update if there are jury questions or other courtroom action. When a verdict is imminent, we will update the headline, and will also reach out on social media. And when the verdict is announced, we will be live.

One thing the jury did not know was Daunte Wright’s extenstive violent criminal history, which Ann Coulter documents, The Daunte Wright NYT Readers Don’t Know!. That would have been relevant if Potter and the other officers were aware at the time; all Potter knew was that there was an arrest warrant out for Wright on a gun charge and a domestic protective order.

For coverage of closings, including videos of closing arguments, see Daunte Wright Shooting Trial LIVE – Closing Arguments Over, Jury Gets The Case (updated)

Reminder – there are two Counts:

COUNT I – Charge: First-Degree Manslaughter Predicated on Reckless Use/Handling of a Firearm
COUNT II – Charge: Second-Degree Manslaughter

1:10 p.m. Eastern — 

Per local reporter. “Official bulletin from the courthouse: A trial outcome has been reached and will be read on the record today between 1:30 p.m. and 2 p.m. CST. I note, “trial outcome” in their wording.

9:40 a.m. Eastern

Per local reporter, Jury started deliberations at 8:40 a.m. Central. If there is not verdict today, the jury will be exclused until Monday:

Court spox writes: “Judge Chu’s intention is to allow the jurors & attorneys time off to spend w/ family and friends during the holidays, starting Friday and returning Monday morning, if deliberations are not completed by the end of today 12/23.”

RECAP OF PRIOR DELIBERATION DAYS

DAY 3

December  22

7 p.m. Eastern – According to a local reporter, the jury has wrapped up for today, will continue Thursday. Jury completely silent today, not questions for the Judge.

9:30 a.m. Eastern – Local reporter: Just got word from court. #KimPotterTrial jury resumed deliberations at 8:25am. Getting a slightly earlier start than expected. [WAJ – If jury started early, they clearly want to get this done today.]

DAY 2

December 21

5:30 p..m. Eastern – Jury questions (submitted 4 p.m. Central) read in court:

First Question — “If the jury cannot reach consensus, what is the guidance around how long and what steps should be taken?” Answer: Judge re-reads a prior instruction: You should discuss the case and deliberate towards reaching a verdict without compromising oath.

Second Question — “Can the zip ties be removed fromExhibit 199 Potter’s gun so it can be held out of the evidence box?” Answer – Yes, hand deputy the gun in the box, the deputy will then remove the zip ties and give gun to you. After you are done with it, hand it back to the deputy.

Defense objected to judge rereading the single instruction, also objected to removing gun from the case for safety purposes. Prosecution says appopriate to give that instruction, it’s standard in lieu of the old “Allen” instruction.

5:20 p.m. Eastern – Jury has a question

December 20

Yesterday, the only courtroom action after deliberations started was a jury question:

4:20 p.m Eastern, 12/20/21 – Jury Question: What was the date of the Potter interview with Dr. Miller (question dated 2:58 p.m. CT). Judge says all the evidence is in, “you should rely on your collective memory as to what the evidence is.”

 

DAY 1

4:20 p.m Eastern – Jury Question: What was the date of the Potter interview with Dr. Miller (question dated 2:58 p.m. CT). Judge says all the evidence is in, “you should rely on your collective memory as to what the evidence is.”

Needless to say, the best we can do is speculate what is going on with the jury behind closed doors. The Question the jury asked goes to the testimony of Dr. Laurence Miller, the psychological expert who testified about how the brain works, and how an officer by habit could unkowingly pull a gun rather than a taser because pulling the gun was practiced far more.

He testified as to his interview with Potter, and she also was questioned about what she told him about whether she saw the gun in her hand. That was a big point in the prosecution closing (at 6:10 of video below) because is she saw the gun and was aware she was holding it, perhaps that memory function doesn’t apply.

So the jury seems focused on that testimony, though which part of the testimony we don’t know, which would indicate in coming to a determination on recklessness or culpable negligence, they are considering whether she acted, in a sense, with the free will (“conscious” in the jury instruction) or fell victim to a psychological process. This would make sense for the jury to focus on this, because the facts of the case are not really in dispute or complicated. The prosecution does not claim that Potter deliberately pulled the gun. What is in dispute is whether the action of mistake and not recognizing the mistake before shooting rises to the level of recklessness or culpable negligence. On that the jury instructions do not give the jury much guidance.

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Comments

“One thing the jury did not know was Daunte Wright’s extenstive violent criminal history, which Ann Coulter documents, The Daunte Wright NYT Readers Don’t Know!. That would have been relevant if Potter and the other officers were aware at the time; all Potter knew was that there was an arrest warrant out for Wright on a gun charge and a domestic protective order.”

While the Police officers would not have :”known ” those facts at the time. Based on prior experience and based on behavioral characteristics, it is very likely that the officer would strong reason to suspect that those facts were likely to be present.
In otherwords, when the suspect is not behaving like a choir boy, they are supposed to act as if he is a choir boy.

    “all Potter knew was that there was an arrest warrant out for Wright on a gun charge and a domestic protective order.”

    That is not quite true. There is evidence in the record that Potter knew Wright was in the act of committing and attempting to commit one or more violent felonies and that those felonies put herself, her partners, and the public in imminent danger of great bodily harm or death.

      Char Char Binks in reply to bigo. | December 23, 2021 at 4:27 pm

      Let him get away — that’s on Officer Luckey. People call Potter incompetent, but she had to act quickly to the violent threat Luckey’s inept fumbling caused.

      The lesson is – Let black cop handle black perps – their circus, their monkeys.

        MattMusson in reply to Char Char Binks. | December 23, 2021 at 6:17 pm

        If you are ever on a jury, every time a witness is getting ready to tell the truth, the Jury must get up and leave the courtroom. Then, the lawyers and the Judge decide how little of the Truth the Jury will be allowed to hear

    Lesson Learned The Hard Way: Do Not Be A Cop In Minnesota. 👮‍♀️ People will just have to get by without cops. Obviously Kim Potter screwed up with the taser vs firearm, but manslaughter on both charges?

      NavyMustang in reply to EBL. | December 23, 2021 at 4:00 pm

      I was a beat cop in Honolulu from 2005-2008. I wouldn’t even consider the job today. You end up fighting crime and the crazies who hate you and want to put you away at all costs. No thanks.

      Char Char Binks in reply to EBL. | December 23, 2021 at 4:28 pm

      I’d be a cop today. I wouldn’t do the work, but I’d draw the paycheck.

      REDACTED in reply to EBL. | December 23, 2021 at 11:01 pm

      when I was a pup, St Louis was a big city and Arlington TX was a small place where we went and watched minor league BB

      now StL has lost 2/3s of their population and Arlington is one third larger than STL, soon to be 2X STL

      by 2050, MN will be a Muslim outpost, devoid of any western influence

      in other words, a shithole

      In this day and age, I wouldn’t want to be a cop anywhere in the US. It’s an honorable profession, a very difficult one, and politics just make it worse.

      If the people can’t/won’t support you, why do the job? Unfortunately, this is the question that many cops (some of them my friends) are asking themselves every day now.

    JohnSmith100 in reply to Joe-dallas. | December 23, 2021 at 5:08 pm

    Destruction of lives which matter over criminal lives which should not matter, is socially immoral and destructive. Is there anyway to save people who matter from this persecution? This is written in part to piss off those who do not matter.

I’m hoping for a retrial so we can hear more baby-talk answers and doddering grandma routine. You know it has to kill Potter to dress that way to impress the jury that she is a harmless old grannie.

    Smooth23 in reply to lancebaby. | December 23, 2021 at 10:08 am

    She should totally take some acting classes if she has a redo. She’s not guilty of the charges, but man her acting did not help her.

      jonsons39 in reply to Smooth23. | December 23, 2021 at 11:15 am

      Doesn’t seize to surprise me that the neckbeards of these forums believe someone facing imprisonment for years after suffering a traumatic experience, having their lives ruined, clearly must be “faking it.” when recalling the moment they shot someone.

        Smooth23 in reply to jonsons39. | December 23, 2021 at 12:10 pm

        No, I don’t believe she was faking the whole time.. tears were real, she had real emotions. That said, the baby talk and not remembering anything.. not real.

    REDACTED in reply to lancebaby. | December 23, 2021 at 12:03 pm

    I’m calling BS on this

    you will troll no matter what happens

    Ronbert in reply to lancebaby. | December 23, 2021 at 7:09 pm

    Please get back on your meds!

The difficulty for the jury is the obvious fact that the law is not really clear. The jury instructions don’t help much but that is not really the fault of the judge. Some situations come down to the judgment of the jury on who they think was at fault in the incident. It is hard to see how a law could be written that would decide this question for the jury.

Personally, I would vote to acquit. It is hard for me to see how police can protect the public, let alone themselves, if they are not given some leeway in reacting to suspects who flee arrest.

Joe-Dallas’ comment above makes a lot of sense to me. In the absence of knowledge of Wright’s record, it was prudent to require that he not be allowed to escape. The state’s use of force expert was terribly naive and taken to its logical conclusion by law enforcement, civic order would collapse.

    Actually, the law of homicide is clearly established and well settled and has been for well over 500 years. The problem is the judge does not know or understand what the clearly established and well settled law of homicide is and did not properly instruct the jury on what the law of the case is, and how they should proceed to determine whether or not the prosecution had proven all the essential elements of the charged offenses.

    The law seems very clear to me: Manslaughter requires recklessness, and the definition of recklessness is consciously making a decision that you know might unjustly kill someone, but doing it anyway. She clearly didn’t do that.

      Yup. Exactly. But, as Andrew Branca would say, it’s just noise in the system. It is depressing.

      HImmanuelson in reply to Milhouse. | December 23, 2021 at 9:13 pm

      Millhouse, I have one question I hope you can answer.

      According to her chief of police and a subject matter expert brought in as a witness, she was justified in using her gun at that time because the guy was driving off with another cop half in the car and he was dragging the other cop, putting him in a life-or-death situation.

      So why does anything else matter? Yeah, she grabbed the gun by accident instead of the taser but if she was legally justified to use the gun, why wasn’t that the end of the discussion?

        I agree, but I think what’s going on there is a kind of Catch 22. Obviously even where deadly force is justified, it’s only justified if it’s necessary. There is no situation where the goal could be achieved with less than deadly force, but a person can decide to use deadly force instead. Whether the goal is preventing the person from killing someone else, or from escaping, or whatever, one must always use the minimum force needed.

        So if she decided to draw her taser, she must have concluded that in those circumstances deadly force was unnecessary. And if it was unnecessary then it was unlawful.

        Whereas if she’d decided that the minimum force necessary was deadly force, then she could have shot him and nobody could have challenged her judgment. So doing the right thing ironically got her in trouble. What a message to send to all cops!

          HImmanuelson in reply to Milhouse. | December 24, 2021 at 12:27 am

          Thanks for the thoughtful reply, much appreciated!

          “Whereas if she’d decided that the minimum force necessary was deadly force, then she could have shot him and nobody could have challenged her judgment.”

          She did decide that deadly force was necessary, and her intent was to use deadly force and she used deadly force. The fact that she intended to use a less-lethal or less-deadly weapon than she actually used is immaterial and irrelevant. Both weapons met Minnesota’s statutory definition of a “dangerous weapon” and the degree of force she intended to use, as well as the degree of force she actually used, met Minnesota’s statutory definition of “deadly force.” The use of a taser actually creates a substantial risk of gbh or death, a reasonable man should know that that the use of a taser creates a substantial risk of gbh or death, and police officers are taught from the get-go that the use of tasers creates a substantial risk of gbh or death. The use of a taser is the use of lethal or deadly force, the degree of risk is not as high as the degree of risk from the use of a firearm, but it is still lethal or deadly force just like the use of a billy club is the use of lethal or deadly force.

          She didn’t plead self-defense or defense of others. I don’t actually know if it makes a difference that she was a cop, or whether the self-defense laws in MI are different applied to cops in this regard. But if you plead accident, that is mutually exclusive with pleading self-defense, and rightly so, because your intent is entirely different with respect to self-defense. Her defense was all about whether the drawing of the gun instead of the taser was an accident, not whether she was justified in using deadly force. I’m sure Andrew Branca will clarify on this point in his own comments, but there are plenty of folks who acted in apparent self-defense, but then sabotaged their potential self-defense claim by stating at the scene that they fired accidentally. Of course, the jury can decide it any way they want for whatever valid or stupid reasons they want. One of the drawbacks of the jury system is that juries don’t have to explain themselves.

    Char Char Binks in reply to Jonathan Cohen. | December 23, 2021 at 4:30 pm

    The law is clear; the jury instructions were not.

Well, , I guess the fact they didnt find her guilty in 5 minutes has to be in her favour? I still think she is fucked but maybe, just maybe there is some hope for her????

Foreman

“we have a closed minded Karen and she isn’t intelligent enough to deliberate . And yes, we have tried beating to no avail”

“Trial outcome” sounds more like mistrial due to hopeless deadlock than a verdict.

    Agreed.

    An outcome is an outcome which may include a verdict. A verdict is a verdict which would have no other outcome.

    Yeah, I can’t recall ‘trial outcome’ being announced before. Smells like mistrial to me on all counts.

    Now of course the question is how close it was, and whether the state will pursue charges again.

    If it was 10-2 or 11-1 in favor of acquittal I can’t imagine they’ll try again. Anything less and they probably will try.

      TargaGTS in reply to Olinser. | December 23, 2021 at 2:07 pm

      With Keith Ellison as AG, do you really believe that even if it is 11-1 (acquittal) he wouldn’t retry the case? I personally think in just about any other state at a different time, that would be the end of it. But, Keith Ellison is a hyper-partisan who hates white people and cops. I don’t see anyway he walks away from this no matter what the jury split might be.

      Best she can maybe hope for is on the second trial, she’s facing reduced charges.

      Olinser in reply to Olinser. | December 23, 2021 at 2:32 pm

      Welp I was wrong, just the odd wording through me off. I shouldn’t have questioned my instincts.

    artichoke in reply to Juris Doctor. | December 23, 2021 at 3:13 pm

    Maybe trying to make her think it was safe to appear for the verdict. Not that she was going to flee, but that could be a trick this judge uses in general.

Verdict is in:

Count 1 manslaughter 1st degree while committing misdemeanor – GUILTY
Count 2 manslaughter through negligence – GUILTY

Honestly I’m not surprised. I said at the start this wasn’t good for her.

Unbelievable. I’ll say it again: After all this, if you’re a law enforcement officer in the state of Minnesota, you’re a fucking idiot.

If you are a good LEO, please resign immediately

take the target off your back

    kak185ttx in reply to REDACTED. | December 23, 2021 at 2:38 pm

    My thoughts entirely. Nuts to be a police officer in this environment.

    And another crappy judge that didn’t define the key elements of the crime

LongTimeReader | December 23, 2021 at 2:39 pm

Awful. Just awful.

In a just society, the entire police force would resign and leave the town in abject lawlessness.

Recruiting LEOs in MN in general just got difficult in general

and in speficic, with women, impossible

MN dreserves everything that is coming their way

good and hard

Did the jury consider any evidence as to the perpetrator’s extensive criminal background and the fact that the perpetrator was clearly resisting arrest? There may be grounds for appeal as to the instructions to the jury and the evidence considered by the jury.

    you didn’t get the memo

    Jesus was black

    mbecker908 in reply to Steven Brizel. | December 23, 2021 at 2:52 pm

    No, the judge barred prior acts because Potter didn’t know about them at the time and therefore they were not legally relevant.

    I’m not surprised at the verdict. It’s Minnesota. Minneapolis has a budget for 500 cops. They’re down 165 right now and I suspect this will trigger more exits. I don’t know about St. Paul, but I’d guess they’re down as well. Not a good time to be a cop in a Blue City.

Jonathan Cohen | December 23, 2021 at 2:43 pm

What an outrage!!!

I can’t believe it.

    Why can’t you believe it? Democrats have been telling you this is the outcome they are after for nearly 2 years.

    If you had heard the closing argument and the jury instructions, you wouldn’t have any trouble believing it. The jury was told the prosecution did not have to prove all the essential elements of the offenses charged. Actually, the jury was repeatedly told that the most basic essential element of the crimes charged did not have to be proven at all.

      Won’t that be sufficient grounds for appeal? Those instructions were… nebulous at best, and hinted at suggesting they find her guilty despite the evidence.

Paul In Sweden | December 23, 2021 at 2:45 pm

smh…. I had doubts about my faith in the US Justice System being restored.

Why do we bother having trials? Why not just go out and ask the mob what they want done? Initially, in this case, I thought the mistaking of the gun for a Taser was criminally stupid. Then, after reading coverage, and getting an ACCURATE sense of what actually happened in that car, it became clear that the officer should not even have been indicted. The miscreant was trying to escape with an officer all but hanging out of the car. Not to black America: STOP RESISTING ARREST.

This is the third verdict in recent months that was little more than mob justice. What a tragedy. And the mug? He had it coming. Actually, that’s the only good thing to come out of this miscarriage of justice.

    mbecker908 in reply to Titan28. | December 23, 2021 at 2:57 pm

    NOTE to Police: Stop arresting people of color. If they won’t go willingly, let them walk.

    POC typically commit crimes against other POC. So if their community doesn’t want them arrested and held in custody then let them go. And slow down 911 responses. And when the bad guys figure out there’s a whole lot more money in home invasions in the toney parts of the Twin Cities where the white progressives who demand this stuff live, don’t respond to the 911 calls at all.

      MajorWood in reply to mbecker908. | December 23, 2021 at 3:17 pm

      BLM and defund the police has led to an increase in crime and murders which, hold your breath, have disproportionately affected the black community more than the white communities. The Dauntes of the world will see this as a “get out of jail free card” and they will commit more crimes on black people as well as get caught up with the police with predictable results. Taser will not be an option anymore for these officers.

      I posted a pointer to a recent incident where a taser on a suspect was ineffective, the suspect shot one of the cops trying to effect the arrest, and the end result was the suspect assuming sidewalk temperature.

      Elzorro in reply to mbecker908. | December 23, 2021 at 4:14 pm

      No ,,, do not confront them. Just call 911 is what the cops should do if they are stupid enough to work there.

      Char Char Binks in reply to mbecker908. | December 24, 2021 at 7:20 am

      I’m glad that the murder rate for blacks has skyrocketed in the past two years. It’s a good start.

        I’m not happy with this, regardless of how I feel about BLM/Antifa instigations and “defund the police” movements. I don’t want to see anyone hurt. Race shouldn’t matter anywhere, ever.

        That said, you might be correct in that until they realize their own desires and politics are affecting THEM more than anyone else, they won’t be open to change.

She killed someone due to her own error. She was not malicious nor did she intend to kill him. It’s the same kind of mistake as if she put her vehicle in reverse instead of drive and backed over someone.

Making the taser shaped like the pistol and deploying it in a similar manner is a mistake that my police academy instructors predicted over thirty years ago. They said it was inevitable that eventually someone would deploy the pistol when they meant to tase someone.

Unless you have been in a shoot/no shoot situation you cannot imagine the chaos of the moment. I don’t know what the state’s negligent homicide laws are there but she did negligently kill a man. This should be a time to look at changing the shape of the common taser or this will happen again.

    Ben Kent in reply to forksdad. | December 23, 2021 at 5:13 pm

    6 to 8 years — the sentencing guidelines in the Potter case – according to NY Times. Maximum is 15 years. Wow. No job is worth this risk. If I were a police officer in a BLUE state I would send resumes out today.

    Desdenova in reply to forksdad. | December 27, 2021 at 7:47 pm

    This fails on the common law merits and should be over- turned on appeal.

    1. Duty
    2. Breach-No breach of duty exists
    3. Damaged party
    4. Causation between the damages and the breach can’t exist without a breach of duty

    This negates 2 of the essential common law elements

Satan’s little army will commence doubling down on punishing that city. They have asked for it and they will continue to get it. THIS is how a civilization falls.

Yet another unjust conviction of a white cop put in the unfortunate position of interacting with a black criminal.

Can’t expect cops to do this anymore. Downside is infinite.

    Mick Gold Coast QLD in reply to artichoke. | December 24, 2021 at 3:50 am

    Stupid Americans want to surrender, they welcome the surrender, because of an utterly distorted account of history which they are too bloody lazy to investigate and discover the truth. The tail wags the dog in your country, yet you do nothing to change that. You get precisely what you ask for!

      Unfortunately, you are completely on point.

      Republicans just want to be left alone, so they get in power and they sit there and say “Oh, at least the other guys can’t make it any worse while we’re here” instead of working to fix things that have been broken for decades.

      I don’t have trust in either party at this point.

With this verdict we can now say that the “justice” system is officially dead in the United States. There is only mob justice with angry low-IQ low-impulse-control blacks in charge being edged on by the *people* who control the media who have an innate hatred of whites. Just turn on MSNBC or CNN and its 24/7 anti-white propaganda. That is not by accident.

How does anyone become a cop in this country? The cops in Minneapolis need to stop intervening in crimes involving blacks unless the victim is white.

    artichoke in reply to Keith_. | December 23, 2021 at 3:06 pm

    And there are presumably white people on these juries convicting. White guilt is real — not actual guilt, but compensating as if there is, convicting white people esp. in law enforcement who are not actually guilty.

    That’s why this seems unfixable. It’s not big government. It’s not the lawyers. It’s white people on juries for Chauvin, the Arbery defendants, Potter, being extra hard to the point of absurdity on white people on trial for interactions gone bad.

    The jurors have voted. That’s what our society seems to want. Or else there’s some kind of subliminal programming being directed at those jury rooms.

    EdSeventen in reply to Keith_. | December 23, 2021 at 5:36 pm

    She was following your prediction. She would not have made the initial stop. That’s how she remained safe on the job for 26 years and then came apart and gave the State something to charge her with

Horrible mis carriage of so called justice

Pasadena Peabody | December 23, 2021 at 3:00 pm

I’m disappointed in the jurors.

That’s a little bit surprising though I suppose the initial apparently hung jury being instructed to go back and try again + the holidays and internal pressure in the jury room all combined to get guilty verdicts. I thought Man 2 would be the only guilty count but juries are always unpredictable.

As some have stated the ability to recruit and maintain LEO is definitely going to be impacted. If someone is less than 5 years to retirement maybe they can keep their head down, move to an admin v street role or qualify for a disability pension. Otherwise I don’t see why any LEO would stay. It’s a hard and thankless job that’s dangerous enough. Add in a dept and a political structure that will throw you under the bus based on the political winds and it becomes hard to imagine why many folks would either become or remain in LE.

One of the commenters on the live-feed chat stated that he is LEO, and he is going to turn in his taser. No more “non-lethal” option.

I think that this is good advice for the entire department.

    Milhouse in reply to alien. | December 23, 2021 at 3:38 pm

    I doubt he can turn it in. Not without quitting his job altogether. It’s not up to individual cops what equipment they should carry.

      Char Char Binks in reply to Milhouse. | December 23, 2021 at 4:36 pm

      True, but they will never use it.

      forksdad in reply to Milhouse. | December 24, 2021 at 8:55 pm

      Deploy it on the other side of your belt, put it in a very low slung thigh holster on your off hand side etc.

      I predict that a lot of cops will engage in (and are already engaging in) malicious obedience. They will follow all the rules, but they won’t try too hard to get involved in trouble. Looking the other way. Being slow about getting on scene. Not engaging aggressively with suspects, especially if they are black. Hell, I’m not even a cop, and I’m pissed about this state of affairs.

      I expect that the new police attitude is: Oh, the perp killed somebody before I got there? Oh well, can’t be everywhere at once, can we? I tried to apprehend him, but that bad guy got away. Did my best, but what was I gonna do? Shoot him in the back? Oh, he went and killed somebody after he escaped? That’s too bad. But either way, the public won’t give a shit, Al Sharpton and Benjamin Crump won’t bother to show up, the DA won’t prosecute me for it, and the family of the deceased won’t sue me or the city, probably saving the city a fortune too. Just another of the seemingly non-stop black-on-black homicide cases on the police blotter. I stay alive, out of jail, and collect my pension. Sound like a win-win to me.

    NavyMustang in reply to alien. | December 23, 2021 at 4:29 pm

    He would have non=-lethal options. Pepper spray for one. Works really well. Another is his baton. Also works well. Another would be less lethal shotgun though obviously that could raise the same issues as the taser.

    I carried a taser during my time with the force. And I was in a couple of shoot/no shoot scenarios. Maybe I was just lucky, but I never lost the bubble as far as what weapon I was using and I never lost situational awareness no matter how hectic it got. Not saying it couldn’t happen, but it simply didn’t cause I trained hard so that my training would automatically kick in when the sh*t hit the fan.

    As far as whether he could carry his taser or turn it in, I can only speak to my experience on Honolulu PD, If I didn’t want to do it anymore I would just stop carrying it. Taser and quals like less lethal shotgun were voluntary. I’m sure someone else would pick up the slack. It was even optional to carry an AR-1 5 or shotgun, though a fair number did.

    There are weapons you MUST carry. Your pistol of course, your pepper spray and your “impact weapon” aka the baton.

    Can’t specifically speak to Minneapolis PD but I am sure that Honolulu PD’s policy is repeated in many PDs around the country. Taser optional.

      TargaGTS in reply to NavyMustang. | December 23, 2021 at 6:51 pm

      As I’m sure you’re aware, quite a few police departments have adoptive prohibitive policies on the use of batons. I believe there was even a federal court judge in Michigan (maybe Detroit) that enacted a moratorium on all batons at the peak of the BLM riots. I’ve long thought this was a remarkably stupid decision.

Cowards…jury took the easy way out to avoid repercussions. Every cop in Minnesota should quit as this will set precedent. No one of a highly trained manner needs that level of microscopic tearing apart of their every move while trying to do their job.

    Baby Elephant in reply to Camperfixer. | December 23, 2021 at 3:23 pm

    When the good cops quit and the only ones that remain are understaffed bad cops crime will increase followed by a drop in property values everyone in the community will suffer even the jury.

    The left will run with talking points about “white flight.”

      Just as Darwin theorized

      Camperfixer in reply to Baby Elephant. | December 23, 2021 at 3:48 pm

      I said “every cop”, as a show of force against this idiocy by people who prefer to side with criminals and not law enforcement. She was doing her job trying to subdue a criminal who was resisting….being found guilty of a mistake inside of a highly stressful situation. Very few commenting can know what that is like.

      So…“Thanks for your service, here’s your jail cell.” No officer needs that hanging over their head.

I’m predicting that no cops will work voluntarily in Minnesota. I suspect that they will have to institute some kind of draft for cops.

    TargaGTS in reply to thad_the_man. | December 23, 2021 at 3:31 pm

    No cops WHO ARE ACTUALLY GOOD, COMPETENT COPS will work voluntarily in Minnesota.

    And ultimately, that’s part of the plan. They don’t want smart, competent cops. They want thugs to act as enforcers of the regime. This is right out of the Marxist playbook.

      Elzorro in reply to TargaGTS. | December 23, 2021 at 3:46 pm

      The cops are gluttons for punishment there. After this it is on them if they are not smart enough to get the heck out of that place. If they spot a crime they should call 911.

      Perhaps, but good competent cops get paid the same for responding slowly or not at all. YOUR emergency is yours… their paycheck cashes the same whether response time is 2 minutes or 2 hours.

      In Wa right after the new rules kicked in, they refused to set the dog loose on a murder scene… they all got to go home at the end of their shift. The residents of South Hill in Puyallup were not as safe that night, but why should the cop lose sleep over that? Like I said, Satan’s little army will double down on punishing the citizens and it’s all completely self inflicted.

Weak closing argument gave those jurors favoring acquittal very little in the way of convincing material on the question of whether mistake Potter made was legally reckless.

The stupid argument misinterpreting superseding cause didn’t pass the laugh test and must have cost the defense credibility with the jurors, who all knew that the gunshot caused Duante’s death, as even Potter herself knew and admitted. Obviously Wright wouldn’t have been shot had he not resisted arrest, and in that sense was a “cause” of his own death, but that preceded, not superseded, the gunshot.

I wish Enge had given closing. I hate the thought that this woman who served 26 years on the police without a single complaint, and made a predictable if tragic error under pressure during a few seconds when she drew and used pistol instead of intended Taser, neither of which she had ever before used in a real situation, will likely spend many years in jail due at least in part to mediocre advocacy with a poorly prepared and wandering closing to the jury.

    Titan28 in reply to neils. | December 23, 2021 at 3:38 pm

    @Neils. Yes. The whole thing makes me sick. I also think the judge wasn’t entirely on the ball and as you point out, the closing argument wasn’t helpful. Add to that her testimony, parts of which made me cringe. That little girl don’t remember a thing strategy was terrible.

      Ben Kent in reply to Titan28. | December 23, 2021 at 5:19 pm

      Reference to the Chauvin case surely did NOT help. Defense said something about not “sitting on his neck” — what were they thinking ?

    kak185ttx in reply to neils. | December 23, 2021 at 3:47 pm

    Agree with you 100%. They needed a coherent closing argument about why it was not reckless

    felixrigidus in reply to neils. | December 23, 2021 at 4:43 pm

    That argument was not ideal, I grant you that. But it was, probably, correct, as the prosecution argued that drawing the weapon was the reckless act/culpable negligent act.
    But without Wright disobeying commands she would not have fired.

    The real problem is, of, course, that the prosecution misrepresented the law, never actually said which act they thought was reckless. Apparently, the jury did not need to find a misdemeanor either.
    One can only hope that the judgment will be overturned, but that will be cold comfort to Mrs. Potter, who will be in prison until this happens.

    In the meantime, the twin cities deserve what they will likely get. These jurors will have only themselves to blame if their home gets robbed and police can only respond a couple hours late….

It may sound sexist, but I can’t help thinking that if Potter had been an aggressive six foot man rather than a passive 5’3” woman he would have jumped in and helped Luckey wrestle Durante to the ground and cuff him rather than reaching for the intended Taser.

    EdSeventen in reply to neils. | December 23, 2021 at 5:29 pm

    Many would disagree, but all it came to mind as I saw the video was that old refrain from the early 70s: “women cops!”

the Judge

if you were black, I would let you go home for the holidays

but you aint Blanche

All the Minneapolis Cops should be thrown in prison with her and let them burn that city down. Only a fool would be a cop in that place.

Really tough decision. I don’t know how they got to 2 murder charges

    Milhouse in reply to gonzotx. | December 23, 2021 at 7:18 pm

    They didn’t. The charges were manslaughter, not murder. Can’t you read?!

    The problem, of course, is that she’s not guilty of that either.

An outrageous miscarriage of justice.
Anyone involved in law enforcement in this shithole city should quit and go to a non-blue area, where they will be welcome.
If you voted for these prosecutors you will reap what you sowed, I’m sure. Either the people restore law and order and drive the scum politicians out, or they will suffer even worse than they have up until now under their current maladministration.

Char Char Binks | December 23, 2021 at 4:23 pm

Another reason to avoid blacks at all costs.

    I was assaulted playing basketball by a black guy

    my offense was showing him up enough that his friends, mostly white guys, started making fun of him

    luckily, it happened in Dallas 35 years ago

    the guy got 7 years

    I don’t get near them, judgement call

I hope every person on the jury gets robbed, calls 911, and gets a message…press 1 for social services, press 2 for democrat party HQ, stay on the line and a BLM representative will answer your call, wait time is 30 minutes or press 7 for a call back. The Police can be reached by mail at the listed address.

Just my two cents

But I think the Judge messed up big time letting the jury handle the gun because preceptions get skewed during high stress/high intesensity stituations, particularly perception of weight.

If the jury concluded the Potter KNEW she had a gun in her hand based on handling the gun, allowing the jury to handle the firearm was legal error.

    Probably not LEGAL error for judge to allow jurors to handle the gun and the taser, but error for defense not to anticipate this and explicitly acknowledge to jurors that of course Potter knew and could tell difference between gun and Taser under normal circumstances, but that the first time she needed to use either amidst chaos was not normal circumstances. The fact that she achieved perfect scores on her written training exams year after year just emphasizes how little all those 1700 hours of classroom training have to do with guaranteeing correct actions during real life events. A simple slide during closing showing training hours-1700, seconds with gun drawn on the street-0 could have driven this point home.

    Two analogies might have helped.

    1. Mohammad Ali famously said words to the effect that all of his opponents came into the ring with a plan that lasted until they felt his first punch.

    2. For many years I needed to take a three hour annual course to maintain certification in cardiac life support (resuscitation). I had no trouble reviewing the material, practicing the skills on a training mannequin, and easily passing the certification exam, but I went many years without being called on to perform a resuscitation on an actual patient and knew that the odds that I could run an error free Code Blue on a dying patient, a high stress and somewhat chaotic event although far less so than faced by Officer Potter, we’re not good.

While I disagree with 2nd degree manslaughter, I can understand how a jury would convict. First is a different story, I see literally no basis. The states argument was insane and reflects a disdain towards policing in general. But MN juries are also insane, apparently. Like Chauvin, I can only conclude that she would have been convinced of Piracy on the High Seas if charged.

Cops should be quitting in droves. I’d extend this to personal defenders: if you live in MN and have to defend yourself then this kind of treatment awaits you.

6 to 8 years — the sentencing guidelines in the Potter case – according to NY Times. Maximum is 15 years. Wow. No job is worth this risk. If I were a police officer in a BLUE state I would send resumes out today.

I noticed during voir diere that there were a ton of libs in MSP, so no amount of reason was going to get through.
Then again, if you are shooting while tasing, you are not really a good cop. Lib cop off the street. Thug dead.

I couldn’t believe Chauvin was convicted, but this is next level. Potter is going to prison for a mistake. A mistake!! We all make them.

Are we going to start charging with manslaughter every doctor, nurse, pharmacist for mistakes that are made in the course of routine medical practice?

Are we going to start charging every mechanic that makes a mistake in fixing a car and there’s a fatal accident?

If you live in MN, get out! As poster above said, if you use a weapon in self defense – you’re screwed in MN. District attorneys will be sure you serve time for it.

Rittenhouse would be serving a life sentence if he were in MN.

    Pasadena Peabody in reply to jackscott1. | December 23, 2021 at 6:20 pm

    “I couldn’t believe Chauvin was convicted, but this is next level.”

    Unfortunately there are still a few more levels to go.

    RobertC in reply to jackscott1. | December 23, 2021 at 7:04 pm

    The medical malpractice comparison (which kills tens of thousands a year, by the way, NOT including ramifications of the plandemic) is perfectly apt. With the exception that Potter WOULD have been justified in using the deadly force she accidentally used even if it was intentional, but I’m sure a jury would have convicted there too. In a sane world it would never go to trial in the first place.

Feel sad for her family.

Nothing can bring Wright back. The Wright family surely knows it was an accident – – so their celebration is really inappropriate.

There are now two victims.

    REDACTED in reply to Ben Kent. | December 23, 2021 at 6:16 pm

    Nothing can bring Wright back, thank God

    he was a felony murder perp in the making

    Kim saved lived, just like Zimm and Derek

    RobertC in reply to Ben Kent. | December 23, 2021 at 7:00 pm

    The Wright family is celebrating their big win in the new ghetto lottery – how many millions of taxpayer dollars are guaranteed now in their civil suit?

      felixrigidus in reply to RobertC. | December 24, 2021 at 2:33 pm

      None. But let us assume for argument’s sake they get a few million dollars.
      Who will protect their stash? No police officer should, that is for sure. If they get robbed and call for help the question should be: is the perp still there? If the answer is yes, tell them it is much too dangerous to engage. If the answer is no, tell them there is no urgency to their call.
      Problem solved, and their windfall will help some of the drug addicts in their neighborhood. Everybody wins.

I can’t wait to see what the conversation here looks like when Baldwin goes on trial. As much as I despise the man, the basics of his situation aren’t that much different than what happened here, but from what’s already been posted before, the board opinion will be exactly 180 degrees from what it is in this case. I know I’m a minority of one (plus a unanimous jury of 12), but it seems to me that she was guilty of the same basic errors that people here want to hang him for – she didn’t check to make sure she was using the right weapon for the situation (and don’t tell me that she was justified in using her gun even by accident, as some have argued – it isn’t what she intended to do, so it was still a fatal error. The fact that the taser and handgun look too much alike is all the more reason make sure you’re holding the right one.). Yeah, yeah, I’m not a lawyer so I don’t have to find justification for a stupid mistake that got somebody killed. I’ve said it before: The only significant differences between this case and Baldwin’s is that she was a cop and he’s a well known actor, which IMO makes it much more likely that he’ll be acquitted, if he even gets to trial.

    Ben Kent in reply to txvet2. | December 23, 2021 at 5:56 pm

    Apples vs Oranges

    Although both are accidents – nothing else is similar. Se is an officer who is authorized to use deadly force. Wright was trying to escape in a car. Note that a car can be a deadly weapon. Potter had seconds to react to a fast developing dangerous situation.

    The Baldwin case presents a vastly different set of facts.

    REDACTED in reply to txvet2. | December 23, 2021 at 6:09 pm

    she was immediately charged while the dickhead Alec is giving set up interviews on national TV

    she was dealing with an animal

    Alec killed a totally innocent young woman

    should I go on or do you get it ??

      txvet2 in reply to REDACTED. | December 23, 2021 at 6:28 pm

      Oh, I get it alright. She was a cop, so it’s no harm, no foul. The only 12 people who count disagree with you. Do you get it, or do I have to go on?

        Rand in reply to txvet2. | December 23, 2021 at 8:56 pm

        The difference is that she was in a life-and-death stressful situation unfolding in real time. Baldwin was fucking around on set with a prop gun, with no stress or urgency, and plenty of time to think about how to handle the situation. You’re post reeks of ignorance.

          txvet2 in reply to Rand. | December 23, 2021 at 11:45 pm

          The argument that she was in a stressful situation won’t wash for the simple reason that that is why cops spend so much time in training – so they WON’T make thoughtless mistakes.

        REDACTED in reply to txvet2. | December 23, 2021 at 11:07 pm

        you wouldn’t be the first moron that I have heard rattle endlessly

        so please, embarrass yourself further

          txvet2 in reply to REDACTED. | December 24, 2021 at 12:29 am

          Sure. Set me up a few more clay pigeons.

          Holy smoke. Did this guy txvet2 just say that cops are highly trained so that they don’t make thoughtless mistakes? As opposed to what? Thoughtful mistakes? I’m too upset about this verdict. We shouldn’t be going down these rabbit-hole threads.

        Desdenova in reply to txvet2. | December 27, 2021 at 7:53 pm

        They also ignored the fact 2 essential elements of the crime were not proven.

    felixrigidus in reply to txvet2. | December 24, 2021 at 2:38 pm

    There is no basis for this comparison. Balwin was not trying to prevent the flight of the director of photography that would have presented a real danger for life and limb, was he?
    So where exactly do you think there is any relevant similarity?

“…and don’t tell me that she was justified in using her gun even by accident …”

She was justified in using her gun – period.

    REDACTED in reply to alien. | December 23, 2021 at 6:05 pm

    she saved lives, the mission of any LEO

    God bless Kim

      Pasadena Peabody in reply to REDACTED. | December 23, 2021 at 7:29 pm

      Amen.

      txvet2 in reply to REDACTED. | December 23, 2021 at 8:12 pm

      An emotional claim for which there is only assumption, and which is still beside the point. In point of FACT, she took a life that she had no intention of taking – as should be abundantly clear to even the most casual observer. It seems that the results of the Chauvin trial is completely lost on many of you here, and that is that police officers, since they ARE permitted to use deadly force, must be held to a HIGHER standard than civilians, not a lower one; and casually brushing aside the fact that she unintentionally killed someone when she could have used (and intended to use) lesser force is exactly what you all are doing – and the results of these two trials tend to demonstrate that the Joe Public is not in agreement. She made a mistake – and when cops make mistakes, somebody else pays the price. Anyway, FWIW, IMO both of them should have been acquitted – but applying the same standard, so should Baldwin, although the facts of that case are, of course, still far from established.

        Rand in reply to txvet2. | December 23, 2021 at 9:12 pm

        The law for cops in this case isn’t different in any way that matters to your point. Are you criminally culpable for what is clearly an unintended accident?

        Harping on the damage or loss of life is an appeal to emotion, and not an appeal to the law and the evidence. Criminal law is about the intent as much as it is about the act. To me, clearly, the jury did not understand the distinction.

        But jury had the power to decide. Does that mean they were wise, right, wrong, stupid, biased, or ignorant? Maybe all of those things. Maybe none of them. It doesn’t matter. They get to make the call. For better or worse, it’s how our system works.

        I have enough respect for the process that I’m not going to go out and riot about it.

        Many others, not so much.

          txvet2 in reply to Rand. | December 23, 2021 at 11:51 pm

          “”The law for cops in this case isn’t different in any way that matters to your point.””

          Try imagining that this is about a couple of rival gang bangers. This discussions wouldn’t even be happening. Of course the law is different for cops. That’s why you’re all shocked that she was convicted.

        REDACTED in reply to txvet2. | December 23, 2021 at 10:56 pm

        almost all LEOs mistakes can be attrinuted to the perps. If perps complied, they would just be in lockup

        And when someone does a job I wouldn’t do, I cut them a lot of slack.

        Your “higher standards ” will never be met, only constantly diminished.

        I live in a highly protected area, so it doesn’t make a fuck to me

        you should think about pulling your head out, if only a wee bit

    txvet2 in reply to alien. | December 23, 2021 at 7:52 pm

    Which, of course, wasn’t my point.

    DPtarmigan in reply to alien. | December 24, 2021 at 6:28 am

    There was no accident here. A gun was rightly used. Again we let these idiots frame the narrative.

    Who is to say a taser would not have made the situation worse? A guy in a moving car and you want to electrocute him?

well, I’ve been banned once again by the karens of the Ace of Spades

for berating a troll

I’m totally crestfallen

From this point on law enforcement officers should only appear at the scene of an accident or crime after it happens, help clean it up by calling ambulances etc., write the reports and that’s it. It is not worth putting your own self in danger. Neither the courts or the people will help you.

    TX-rifraph in reply to Gersh204. | December 23, 2021 at 7:10 pm

    Called the ROAD program – Retired On Active Duty. Taking reports is safe. Gee, cops would not need to be armed to do that if all reports were taken at the station. What could go wrong other than the volume surge in reports until people no longer waste the time to file one.

    murkyv in reply to Gersh204. | December 23, 2021 at 7:31 pm

    Which is exactly what the former Chief in Detroit said when they were so understaffed

    Without enough cops, citizens will just have to take matters into their own hands

    Liberal wanted this because they want blacks to get away with crime as a form of reparations

I was a Deputy Sheriff for 19 years, before going back to college for commercial real estate. I can’t even imagine working in law enforcement in this current environment.

After watching how the Chauvin trial went down, it’s no secret how Potter’s was going to end any different. I expect the absolute maximum from the State and the Court during sentencing. It’s going to be brutal for her. Holding these trials in the downtown militarized area of St. Paul will probably guarantee a guilty conviction for a Police Officer every time. Juror’s don’t want the BLM masses to show up; burn their homes and jeopardize their employment.

I really had a issue with Potters selection of attorneys however. Grandpa Earl Gray is way past due for retirement. I cringed when he referred to the Taser as the “Phaser Gun” and “Laser Weapon.” As an attorney, You have to be on top of this stuff. All the badly worded questions with grunts, groans and coughs drove me nuts. Paul Engh also came across as weird. Many times during cross he would ask odd questions that witness’s had a hard time understanding. Almost like he didn’t have a firm grasp of police procedures.

One thing that really surprised me was the absence of a defense video expert and a really good defensive tactics instructor. Somebody to break the video down from the first sign of resistance from Wright until the discharge of the Glock. The jurors could have then been walked through the Use of Force Continuum second by second. Showing them all the rungs or levels of resistance that Wright presented and all times where the levels of force changed within the 12 second event. This area was a missed opportunity. With 1 officer fully inside the car and another half inside and Potter fearing for “serious Bodily harm and/or death” of one of them. The deployment of the Taser could of been passed and she could have moved on to her firearm legally.

This whole case seems to hang on an “Adult version of Simon Says.” Kim Potter said Taser, Taser, Taser but used her firearm so she’s guilty. Erin & Matt rode this like a donkey at the State Fair.

The defense was playing second fiddle to the State from the get go. The State got away with a lot during the first two days. All that repeating testimony over and over.

A few things to look at in the future: One the “Chauvin” officers has Earl Gray for an attorney, Watch and see if that changes after this case… Watch for traction in the Chauvin case on an appeal, It may be a sign of good things for Kim Potter.

    I agree “Grandpa” Earl Gray was the absolute worst! I believe with a competent attorney Potter would have been acquitted even under the political climate. Had Andrew Branca been defending her the Jury would have returned with a not guilty verdict on all charges.

    Of course a lot of this is on Potter. Why would she hire someone like Earl Gray? Anyone with eyes and ears could see this guy was way past his prime (was he ever any good?). She reminds me of a female version of Derek Chauvin. An honest and earnest cop trying to do their job by the book but lacking the “smarts” in other areas where it counts (e.g. self preservation).

    You mention a Chauvin appeal. Is that such a thing now? If it he wins an appeal on the state charges he is going to spend 25 years in federal prison anyway after he stupidly pleaded guilty to federal charges. There is no way to appeal the federal charges once you plead guilty (ask Gen Flynn). I really feel sorry for Chauvin but I just have to say it – the guy was an idiot.

If I was of a different political persuasion, I might go out and loot, burn, assault, and riot to show my disapproval. But I’m just going to have a stiff drink, ponder this latest injustice, and do what I can, where I can, constructively, to improve things.

A Headhunter called and asked if I was willing to work in MN. I laughed, said no thank you, and hung up.

The law should be changed to if you resist arrest your responsible for the consequences. Police would be free to use whatever force they deem required to subdue your. This includes killing you.

said earlier the only criminals in the courtroom were the prosecutors who brought these unjustified charges and the judge who did no timmediately dismiss them. I now understand that the public from which this woke jury was drawn is just as corrupt and decadent as the rest of the vermin. May I suggest all LEO’s in MN look for new jobs in Texas and Florida where they will both be appreciated and defended. Let MN and the rest of the Commie Woke states sink into the muck. Two bad, but when the reviolution comes this year or next Potter and Chauvin will be released and the state of MN will pay huge damages.

The jury verdict is inherently inconsistent and thus void. If the jury found the defendant guilty on count 2, then the jury cannot find the defendant guilty on count 1, and if the jury found the defendant guilty on count 1, then the jury cannot find the defendant guilty on count 2. The jury cannot, as a matter of law, find that the prosecution has proven both counts beyond a reasonable doubt because a finding of proof beyond a reasonable doubt on one count prevents a finding of proof beyond a reasonable doubt on the other count.

In all circumstances breaking away from a legal arrest and jumping into a car to flee is just cause for lethal force. That car is a 3,500 lb. lethal weapon. Cops don’t want this shit. They are mandated to stop it.

Making stupid, stupid, stupid mistakes is not criminally negligent. Even without the guilty verdict, her cop days should be over. She’s broken. PD and the city will be destroyed in civil court. We all pay.

But seriously folks, all the racist comments are small-minded and inflammatory. It is probably better to judge people as a non-sighted person would; based on words and actions. And funky smells.

For those of you who have some remaining respect for the rule of law in Woke States and among the Woke Commies here is Alan’s analysis. Myself, I only have faith in Patriots totally overthrowing the woke governments and judiciary and replacing them with Patriot Courts.

The conviction of former Minnesota police officer Kim Potter in the death of Daunte Wright was a “double injustice with dangerous implications for policing in America,” especially considering the judge in the case denied her release on bail, Harvard Law professor emeritus Alan Dershowitz says in an opinion piece Friday.

“Officer Potter, a decorated policewoman with more than two decades of service, simply did not commit a crime,” Dershowitz writes in his column, published in The Hill. “Under American law, honest mistakes are not crimes — even if they result in tragic deaths.”

Potter, a former suburban Minneapolis police officer, said she confused her handgun for her Taser when she killed Wright during a traffic stop. She will be sentenced in February after a jury convicted her Thursday on two counts of manslaughter.

First-degree manslaughter, the most serious charge against Potter, carries a maximum penalty of 15 years in prison.

“An elderly driver accidentally putting a foot on the gas instead of the brake and killing a child is not necessarily a crime,” Dershowitz argued. “It becomes a crime only if the action was reckless, involving a conscious decision to engage in conduct which the defendant knows poses a high risk of serious injury or death.”

But, he said, there is no evidence that Potter had consciously decided to fire her service weapon and not her Taser, and there was not sufficient evidence demonstrating her conscious decision to tase Wright was a criminal act.

“Wright had an outstanding warrant for an armed crime, and his conscious decision to resist arrest and get back in his car constituted a direct threat to the life of Potter’s fellow officer and others,” said Dershowitz. “She was right to tase him, but she made a mistake by firing the wrong weapon.”

He said that it was “even worse” that the judge denied Potter bail.

“There is a substantial likelihood that Potter’s conviction will be reversed by an appellate court,” he said. “Potter is not a flight risk nor a danger to the community. The judge’s decision to throw her into prison seems lawless and calculated to appease the public lust for holding police accountable, even in cases where the fact and the law do not justify imprisonment.”

Potter was sent to the state women’s prison in Shakopee after the verdicts were announced, reports ABC News. State Department of Corrections spokesperson Nicholas Kimball, a spokesman with the state Department of Corrections, said in many high-profile cases, people are transferred directly to the state prison to await sentencing. Her hearing is in February.

Dershowitz also called Potter’s conviction and imprisonment a “dangerous trend” for American law.

“Prior to the racial ‘reckoning’ that followed the unjustified killing of George Floyd by Minneapolis police officer Derek Chauvin in May 2020, a once-respected officer like Kim Potter would never have been charged with criminal conduct for her tragic mistake,” said Dershowitz. “But the public demanded that she be charged. Indeed, some called for her to be accused of murder.”

Elected prosecutors, he added, “often are more interested in pleasing the voters than in doing justice. This certainly seems to be the case here.”

All should be concerned when a “decent police officer is indecently charged and convicted for making the kind of honest mistake that any person could make when confronted with the pressures of a life-or-death immediate decision,” Dershowitz added.

He said he also fears police officers will be discouraged from the decision to take action to protect lives.

“Only rarely do police officers actually fire their guns or their tasers, but sometimes such action is necessary,” said Dershowitz, and when taking action like that faced by Potter, “occasional honest mistakes are inevitable.”

Potter should not only appeal her conviction and denial of bail, but police organizations should file briefs in her support, as should the American Civil Liberties Union, “which should be concerned about the misapplication of the criminal law to satisfy voters,” said Dershowitz.

In addition, the appellate courts in Minnesota should review the record in the case, including the judge’s instructions and the evidence, and the appeals court should reach a decision to release her on bail with a subsequent decision to reverse the conviction, said Dershowitz.

“Officer Potter is not a criminal,” he concluded. “She did not commit a crime. She appeared devastated by her mistake, both at the time of the incident and when she testified in her own defense. Both justice and the rule of law require that she be set free.”

I have disagreed with Dershowitz on many policy questions, and I still do. But that guy has shown some astounding intellectual honesty and integrity in the face of hostile political backlash.

    TexasJack in reply to Rand. | December 25, 2021 at 6:23 pm

    He first wrote a blistering essay attacking the decision to charge Potter with second-degree manslaughter within days of that indictment and hasn’t wavered a bit since. It’s encouraging to see that he believes she has a good chance on appeal.

Twin Cities to become murder capitol of the world soon.
The affluent are the only ones who are exempt. They have
already gone to private security measures.
Everyone else is f***ed.

Here is a link to the jury instructions for those who are interested:

https://www.mncourts.gov/media/StateofMinnesotavKimberlyPotter.aspx

Here are the counts and elements from the jury instructions:

COUNT I

The Defendant is charged in Count I with Manslaughter in the First Degree in connection with the death of Daunte Wright. Definition Under Minnesota law, whoever, while committing a misdemeanor or gross misdemeanor offense with such force and violence that the death of or great bodily harm to any person was reasonably foreseeable, causes the death of another is guilty of manslaughter in the first degree.

Elements
The elements of Manslaughter in the First Degree while committing a misdemeanor are:

First, the death of Daunte Wright must be proven.

Second, the Defendant caused the death of Daunte Wright.

Third, the death of Daunte Wright was caused by the Defendant’s committing the crime of Reckless Handling or Use of a Firearm.
There are two elements of Reckless Handling or Use of a Firearm:

(1)First, the Defendant recklessly handled or used a firearm. A person acts “recklessly” if, under the totality of the circumstances, she commits a conscious or intentional act in connection with the handling or use of a firearm that creates a substantial and unjustifiable risk that she is aware of and disregards.

(2)Second, the Defendant handled or used the firearm so as to endanger the safety of another person. It is not necessary for the State to prove any intent on the part of the Defendant to kill anyone.
Fourth, the Defendant committed the crime of Reckless Use or Handling of a Firearm with such force or violence that the death of another person or great bodily harm to another person was reasonably foreseeable.

Fifth, the Defendant’s act took place on or about April 11, 2021 in Hennepin County. 27-CR-21-7460 Filed in District Court State of Minnesota 12/21/2021 5:14 PM 8 If you find that each of these elements has been proven beyond a reasonable doubt, the Defendant is guilty. If you find that any element has not been proven beyond a reasonable doubt, the Defendant is not guilty.

COUNT II

The Defendant is charged in Count II with Manslaughter in the Second Degree in connection with the death of Daunte Wright. Definition Under Minnesota law, whoever, by culpable negligence, whereby she creates an unreasonable risk and consciously takes a chance of causing death or great bodily harm to another person, causes the death of another is guilty of manslaughter in the second degree.

Elements The elements of Manslaughter in the Second Degree are:

First, the death of Daunte Wright must be proven.

Second, the Defendant caused the death of Daunte Wright by culpable negligence, whereby the Defendant created an unreasonable risk and consciously took a chance of causing death or great bodily harm.
“Culpable negligence” is intentional conduct that the Defendant may not have intended to be harmful but that an ordinary and reasonably prudent person would recognize as involving a strong probability of injury to others.

It is not necessary for the State to prove any intent on the part of the Defendant to kill anyone.

Third, the Defendant’s act took place on or about April 11, 2021 in Hennepin County. If you find that each of these elements has been proven beyond a reasonable doubt, the Defendant is guilty. If you find that any element has not been proven beyond a reasonable doubt, the Defendant is not guilty.

I have read the actual statutes, and I have read the jury instructions (see above). I am still at a total loss regarding how these folks could have reasonably reached a verdict of guilty.

If any legal eagle on this thread has some theory on what reasoning the jury used to follow these instructions, look at the actual evidence presented at trial, and reach a verdict of guilty, I would love to hear it.

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