Here are the charges that Kimberly Potter faces.

2 years ago 639

Dec. 17, 2021, 11:58 a.m. ET

Dec. 17, 2021, 11:58 a.m. ET

Kimberly Potter, a erstwhile constabulary serviceman who changeable and killed Daunte Wright during a postulation stop, has taken the witnesser basal successful a Minneapolis courtroom, giving her archetypal nationalist relationship of what happened.

Ms. Potter, a achromatic serviceman who worked for the Brooklyn Center Police Department for 26 years, appeared to accidentally gully her weapon alternatively of her Taser erstwhile she fatally changeable Mr. Wright, a 20-year-old Black man, successful April. Mr. Wright had breached escaped from different serviceman who was trying to apprehension him connected an outstanding warrant for missing a tribunal day connected an earlier weapon charge.

Mr. Wright had called his parent erstwhile helium was pulled over, and she testified past week that helium sounded tense connected the phone. The constabulary had stopped his car due to the fact that helium had an aerial freshener hanging from the rearview reflector and an expired registration, some of which are violations.

Body camera videos of the shooting showed that Ms. Potter, 49, had shouted that she was going to stun Mr. Wright with her Taser and yelled “Taser! Taser! Taser” instantly earlier firing a azygous slug into his thorax from the work weapon she besides carried. In the videos, a distraught Ms. Potter tells her chap officers that she “grabbed the incorrect gun,” utilizing an expletive, and past collapses to the ground, sobbing. Within days of the shooting, she resigned from the force.

Prosecutors bash not quality that the shooting was a mistake, but they contend that Ms. Potter acted truthful recklessly and dangerously that she should beryllium imprisoned, and they person charged her with first-degree and second-degree manslaughter, either of which would astir apt mean respective years successful situation if she were convicted.

Dec. 17, 2021, 12:24 p.m. ET

Dec. 17, 2021, 12:24 p.m. ET

Image

Credit...Victor J. Blue for The New York Times

While not common, determination person been respective instances successful which constabulary officers mistakenly fired their guns erstwhile they meant to gully their Tasers.

In 2018, a rookie Kansas constabulary serviceman mistakenly changeable a man who was warring with a chap officer. In 2019, a constabulary serviceman successful Pennsylvania shouted “Taser!” earlier shooting an unarmed antheral successful the torso. And successful 1 of the astir publicized cases, a achromatic constabulary serviceman with the Bay Area Rapid Transit bureau said helium had meant to occurrence his Taser erstwhile helium fatally changeable Oscar Grant III, who was Black, arsenic Mr. Grant was lying facedown connected the bid level connected New Year’s Day successful 2009.

In April, The New York Times reported that of 15 cases of alleged limb disorder successful the past 2 decades, a 3rd of the officers were indicted and 3 — including the lone 2 cases successful which radical were killed — were recovered guilty.

In Kimberly Potter’s trial, 1 of the prosecution’s adept witnesses testified that helium was alert of less than 20 instances of “weapons confusion” involving a Taser and weapon since 2001.

The witness, Seth Stoughton, a instrumentality prof astatine the University of South Carolina who studies the usage of unit by constabulary officers, said galore constabulary forces present bid officers connected however to debar weapons confusion, which helium called a “very good known” risk.

In Ms. Potter’s case, prosecutors bash not quality that she mistakenly drew her Taser, but they are making a lawsuit to jurors that she acted truthful recklessly — fixed her acquisition and grooming — that she should beryllium recovered blameworthy of manslaughter.

Mr. Stoughton said for that crushed galore agencies counsel officers to support their Taser connected the non-dominant broadside of their constabulary belt, arsenic Ms. Potter’s was, and that the companies that marque stun guns had tried to marque them look much chiseled from guns. Many Tasers are astatine slightest partially yellow, arsenic Ms. Potter’s was.

Nicholas Bogel-Burroughs

Dec. 17, 2021, 12:21 p.m. ET

Dec. 17, 2021, 12:21 p.m. ET

Nicholas Bogel-Burroughs

Reporting from Minneapolis

Kimberly Potter testifies that she believes she had ne'er fired her Taser successful 26 years arsenic a constabulary officer. She said she had taken it retired respective times, but didn’t deliberation she had ever fired it.

Timothy Arango

Dec. 17, 2021, 12:18 p.m. ET

Dec. 17, 2021, 12:18 p.m. ET

Timothy Arango

We are proceeding much astir Kimberly Potter’s extracurricular activities – helping families of fallen officers and carrying caskets astatine memorials. This each helps overgarment the representation the defence wants the assemblage to see: Potter arsenic a diligent, dedicated and honorable officer.

Timothy Arango

Dec. 17, 2021, 12:05 p.m. ET

Dec. 17, 2021, 12:05 p.m. ET

Timothy Arango

Kimberly Potter’s goals present could beryllium two-fold: One, to explicit remorse implicit Daunte Wright’s decease successful a mode that resonates with jurors. At the aforesaid time, she could bolster the defense’s statement that her usage of unit was lawful due to the fact that she believed different officer, who astatine 1 constituent was leaning into the vehicle, was successful large information erstwhile Wright resisted arrest.

Timothy Arango

Dec. 17, 2021, 12:06 p.m. ET

Dec. 17, 2021, 12:06 p.m. ET

Timothy Arango

Potter’s lawyer is walking her done her upbringing, acquisition and aboriginal career, successful an effort to humanize her earlier the jurors.

Nicholas Bogel-Burroughs

Dec. 17, 2021, 11:58 a.m. ET

Dec. 17, 2021, 11:58 a.m. ET

Nicholas Bogel-Burroughs

Reporting from Minneapolis

Kimberly Potter, the erstwhile constabulary serviceman who changeable and killed Daunte Wright during a postulation halt erstwhile she appeared to mistakenly gully her weapon alternatively of her Taser, is present taking the basal to attest successful beforehand of a jury. She is facing 2 manslaughter charges, and a condemnation connected either number would apt nonstop her to situation for astatine slightest respective years.

Nicholas Bogel-Burroughs

Dec. 17, 2021, 11:54 a.m. ET

Dec. 17, 2021, 11:54 a.m. ET

Nicholas Bogel-Burroughs

Reporting from Minneapolis

In the courtroom for grounds this greeting is Kimberly Potter’s husband, a retired constabulary officer, arsenic good arsenic Daunte Wright’s parents.

Nicholas Bogel-Burroughs

Dec. 17, 2021, 11:46 a.m. ET

Dec. 17, 2021, 11:46 a.m. ET

Nicholas Bogel-Burroughs

Reporting from Minneapolis

The defence is wrapping up grounds successful the proceedings of Kimberly Potter, the erstwhile constabulary serviceman facing manslaughter charges for sidesplitting Daunte Wright during a postulation halt successful a Minneapolis suburb. She is expected to instrumentality the basal aboriginal today. The tribunal is connected interruption but should instrumentality soon.

Dec. 17, 2021, 11:35 a.m. ET

Dec. 17, 2021, 11:35 a.m. ET

Image

Credit...Court TV via Associated Press

A lawyer for Kimberly Potter, the erstwhile constabulary serviceman connected proceedings for manslaughter successful the sidesplitting of Daunte Wright, told jurors successful opening statements that Ms. Potter “made a mistake” successful fatally shooting Mr. Wright erstwhile she had meant to stun him with her Taser.

Paul Engh, the lawyer, noted that Ms. Potter had intelligibly warned Mr. Wright that she was astir to usage her Taser connected him during a postulation halt past April.

“All helium had to bash was surrender,” Mr. Engh said of Mr. Wright, 20, who had been trying to fly from officers arsenic they attempted to apprehension him connected an outstanding warrant. “But that wasn’t his plan. He continued connected with his struggle,” Mr. Engh said.

Ms. Potter, 49, was a constabulary serviceman with the Brooklyn Center Police Department for 26 years until she resigned days aft shooting Mr. Wright.

She fatally changeable Mr. Wright aft appearing to accidentally gully her handgun alternatively of her Taser. Prosecutors person not asserted that the shooting was intentional, but person said that Ms. Potter was reckless, charging her with first-degree manslaughter and second-degree manslaughter. A condemnation connected either number would apt bring years successful prison.

Image

Credit...Hennepin County Sheriff, via Associated Press

In questioning witnesses, prosecutors person suggested that Ms. Potter was not justified successful firing a Taser — fto unsocial her work limb — due to the fact that Mr. Wright was successful the driver’s spot of a moving car. Brooklyn Center Police Department argumentation advises against utilizing a Taser connected idiosyncratic who is operating a car. Ms. Potter’s lawyers person argued that Mr. Wright was not operating the car erstwhile the shooting took spot during a postulation stop.

In video of the shooting, a distraught Ms. Potter swears aft pulling the trigger connected her handgun and tells her chap officers that she grabbed the incorrect weapon. Moments later, the video shows, she collapses to the ground, wherever she sobs and says she is going to spell to prison.

“She realizes what has happened, overmuch to her everlasting and unending regret,” Mr. Engh said. “She made a mistake. This was an accident. She’s a quality being.”

He besides disagreed with a proposition by prosecutors that Ms. Potter had not been justified successful trying to usage her Taser — adjacent if she had been utilizing the close weapon. Mr. Engh argued that she had been trying to stun Mr. Wright due to the fact that she feared that helium was going to thrust distant arsenic different officer, Sgt. Mychal Johnson, was leaning into the passenger-side model of Mr. Wright’s car. If Ms. Potter had done nothing, Mr. Engh asserted, Sergeant Johnson could person died.

Ms. Potter’s husband, Jeff, was a constabulary serviceman successful a antithetic Minneapolis suburb until helium retired successful 2017. They person 2 big children.

Dec. 17, 2021, 11:35 a.m. ET

Dec. 17, 2021, 11:35 a.m. ET

Image

Credit...Aaron Nesheim for The New York Times

The criminal complaint filed by prosecutors successful Hennepin County, Minn., lists 2 transgression counts against the defendant, Kimberly Potter, a constabulary officer, successful transportation with the fatal shooting of Daunte Wright during a postulation halt successful Brooklyn Center successful April. Both counts are felonies, but neither is simply a execution charge.

Ms. Potter has pleaded not guilty, and her lawyers person argued that the shooting happened accidentally and that she thought she was utilizing her Taser and not her pistol erstwhile she pulled the trigger. Prosecutors person not suggested that the shooting was intentional.

Image

Credit...via Court TV

The 2 counts are abstracted and not mutually exclusive; Ms. Potter tin beryllium convicted oregon acquitted of either charge, oregon of both.

Minnesota instrumentality besides allows juries to see convicting a suspect of an “included offense” — a lesser grade of the aforesaid crime, oregon different lesser transgression that was proved successful the people of the proceedings — successful spot of a complaint listed successful the complaint.

Here are the charges:

COUNT I

One of the ways Minnesota instrumentality defines first-degree manslaughter is causing someone’s decease portion committing oregon attempting to perpetrate a lesser transgression — a misdemeanor oregon gross misdemeanor — successful a mode that a tenable idiosyncratic could foresee would origin decease oregon large bodily harm.

Specifically, prosecutors impeach Ms. Potter of causing Mr. Wright’s decease done reckless handling oregon usage of a firearm.

First-degree manslaughter is simply a felony, punishable by up to 15 years’ imprisonment and a good of up to $30,000. The modular condemnation for idiosyncratic without a transgression record, similar Ms. Potter, would beryllium astir 7 years.

COUNT II

One of the ways Minnesota instrumentality defines second-degree manslaughter is causing someone’s decease done culpable negligence, by creating an unreasonable hazard and consciously taking chances of causing decease oregon large bodily harm.

Prosecutors impeach Ms. Potter of doing truthful portion utilizing a firearm.

Second-degree manslaughter is simply a felony, punishable by up to 10 years’ imprisonment and a good of up to $20,000. The modular condemnation for a idiosyncratic without immoderate erstwhile convictions would beryllium astir 4 years.

Dec. 17, 2021, 11:35 a.m. ET

Dec. 17, 2021, 11:35 a.m. ET

Image

Credit...Ben Crump Law

Daunte Wright has been remembered by friends arsenic upbeat and gregarious, idiosyncratic who loved to play hoops and was a supportive begetter to his son, Daunte Jr., who was a twelvemonth aged erstwhile Mr. Wright, 20, was killed by a constabulary serviceman during a postulation stop.

“He ever said helium couldn’t hold to marque his lad proud,” Katie Bryant, Mr. Wright’s mother, said at his ceremonial successful April. “Junior was the joyousness of his life, and helium lived for him each azygous day, and present he’s not going to beryllium capable to spot him.”

Mr. Wright’s decease came during a postulation halt successful a Minneapolis suburb erstwhile an officer, Kimberly Potter, fired a azygous changeable from her handgun, seemingly mistaking it for her Taser.

Mr. Wright had been moving astatine Taco Bell and a Famous Footwear footwear store soon earlier helium died, and was considering a vocation successful carpentry, his parent testified successful court. She said helium had besides enrolled successful Summit Academy, a vocational school, astir 2 months earlier helium was killed. He had six siblings and was surviving astatine his parents’ location with his 2 younger sisters erstwhile helium was killed.

A small implicit a period aft his death, a suit against Mr. Wright’s household raised questions astir whether Mr. Wright was progressive successful a convulsive quality successful May 2019.

The pistillate who filed the suit claimed that Mr. Wright had changeable her lad — a erstwhile person of his — successful the caput successful Minneapolis leaving him severely disabled, perchance due to the fact that the antheral had “beat up” Mr. Wright earlier that month. The suit offers nary nonstop grounds tying Mr. Wright to the shooting, which remains unsolved. Katie Wright has called the claims hurtful, and told The Star Tribune: “To tally with allegations similar that is beauteous bad, whether they are existent oregon not true.”

The justice overseeing the proceedings of Ms. Potter has said Mr. Wright’s behaviour earlier helium was killed — including the allegation that helium changeable the antheral and immoderate erstwhile arrests — tin lone beryllium brought up astatine proceedings if it is shown that Ms. Potter knew astir it astatine the clip of the postulation stop.

Many who knew Mr. Wright person acknowledged that helium had made mistakes but had been trying to amended his beingness for his son.

A friend, Emajay Driver, said that Mr. Wright had “loved to marque radical laugh.” As a freshman successful precocious school, Mr. Wright had been voted a people clown. “There was ne'er a dull moment,” Mr. Driver said.

Delivering a eulogy astatine the funeral, the Rev. Al Sharpton said helium was told that Minneapolis had not seen a ceremonial procession truthful ample since Prince, the instrumentalist who was calved and raised successful Minneapolis, died successful 2016.

“You thought helium was conscionable immoderate kid with an aerial freshener,” Mr. Sharpton said astatine Mr. Wright’s funeral, referring to the aerial freshener hanging from his rearview mirror, which prosecutors said was 1 crushed that the constabulary stopped Mr. Wright’s car. Mr. Sharpton added: “He was a prince, and each of Minneapolis has stopped contiguous to grant the prince of Brooklyn Center.”

Read Entire Article