Kimberly Potter Trial

Minnesota Statutes
609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the person’s culpable negligence whereby the person
creates an unreasonable risk, and consciously takes chances
of causing death or great bodily harm to another

609.20 MANSLAUGHTER IN THE FIRST DEGREE.
Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both:
(2) violates section 609.224 and causes the death of another or
causes the death of another in committing or attempting to
commit a misdemeanor or gross misdemeanor offense with such
force and violence that death of or great bodily harm to
any person was reasonably foreseeable

My opinion (criminal law class was 40 years ago) is that there was a case to be made for manslaughter in the second degree. I think the defense created reasonable doubt by the testimony of its use of force expert and the testimony of the supervisor from the Brooklyn Center PD.

The misdemeanor/gross misdemeanor required for manslaughter in the first degree can result from recklessness. I think that was a huge stretch in this instance and that that conviction may well be tossed on appeal.

Welcome to the age of the Social worker.

Cause and effect.

Sad all around.
This already has impacted our ability to retain police, gonna get worse here in “little California”
Yes, just like the Floyd fiasco, timing, location were not ideal. If a juror is worried about getting home for Christmas more than making sure another life /family is ruined because of some d-bags continual choices they should excuse themselves.
Hopefully get somewhere with an appeal. We are in for some serious stuff coming up. This will just embolden more bad behavior – in my opinion.

Nobody riots in the winter.

Sentencing scheduled for February. Minimum sentence is 7 years in prison. Being an officer with no priors, I believe she’ll get the minimum sentence.

Serious question to any LEOs in here… can you opt to NOT train and carry a taser ? Seems that would get rid of a known issue of weapon confusion and save a cop from going to prison because a thug makes a stupid decision. Also, I hope the jury sees his rap sheet now, so they can know the mindset that the cops went into this situation with. Sad deal for cops everywhere today. While I can sympathize with the Wrights on their loss, parents, teach your children not to play stupid games with authorities.

On a side note, if I were Alec Baldwin, I would be nervous. Also, the Capital policeman who killed the lady on Jan 6… no charges. Only thing different is the race of the victim I guess. Anybody ?

Looking forward to the “regular” 20 or so posters on IDO for this one.

buckybadger wrote:

Woofda…I didn’t think she’d be found guilty on both charges. The sentencing process should be interesting to follow as well.

Totally agree, didn’t think there was any way she’d be convicted on both charges.

AnotherFisherman wrote:

<div class=”d4p-bbt-quote-title”>Greenhorn wrote:</div>
If there are cops on this forum, come to Bismarck, North Dakota! We love our officers here! They had a booth set up at a town fair this summer with kids getting pictures with officers. Wouldn’t see that in MN…

Terrible take here…

I grew up in ND, now live in MN.

I grew up in MN, now live in ND.

For the past 20 months I have seen many twin cities residents on here complaining about the lack of police presence due to the people and governing bodies driving them out. I cannot drive to the grocery store here without seeing a cop car. There’s a large presence and the area is safe and there is a strong appreciation for them here.

So yes, I should clarify… “wouldn’t see that in the twin cities” is a fairer claim.

I worked in LE for over 30 years in ne of the larger cities in the state, 19 of it working patrol the balance at a command rank.
There are those saying that this conviction will further police reforms except the Derek Chauvin case was way more egregious than this… and there still is no consensus on police reform

I can tell you that Kim Potter needed to lose her job, but to criminalize a mistake made in a dynamic setting even a horrible one such as this is going to have ramifications that are not good.

You can expect to see the shortages of qualified candidates get worse, 58 departments are currently hiring, retention is already a problem as people leave the field before being able to retire, 25% of current active LE can retire and draw a pension. There are about 10k sworn LE personnel in the state at this time I am told we are short 750-1k of those.

Those that choose to stay will not or will be reluctant to engage in proactive LE, and the current issues with violent crime will only continue and most likely accelerate.

LE is not without sin, but this is really really bad for LE and the people working in it, and society will pay a price…..even in Bismarck.

Honest question not meant to stir the pot: what is the difference between this case and the officer that shot Philando Castille? I remember that officer getting off. Was it that he had a firearm on him?

Delete

Agree with most of what 129 said, reform needs to happen, I do not believe this helps reform.
Most are not old enough to remember the high crime days of the 70s, we are dismantling what worked to reform that situation. Most in NE Mpls. did NOT vote to defund the police dept. The good folks who live there have a solid pragmatic understanding of the situation & if crime goes up sadly they suffer the most.

Greenhorn wrote:

Honest question not meant to stir the pot: what is the difference between this case and the officer that shot Philando Castille? I remember that officer getting off. Was it that he had a firearm on him?

The officer that shot Castille meant to use his firearm… Potter meant to taser Wright… had she grabbed her firearm and shot him on purpose, that would have been better for her.

Greenhorn wrote:

Honest question not meant to stir the pot: what is the difference between this case and the officer that shot Philando Castille? I remember that officer getting off. Was it that he had a firearm on him?

Philando was armed. He had a valid permit to carry a handgun. He informed the officer upon being pulled over and was shot by the officer who pulled him over.

I do not recall the situation involving the offending officer in that case or the judiciary events that followed.

Duante Wright’s mother praised the community for accountability in her press conference.

Irony……….

Good luck recruiting good people to law enforcement careers.
One unfortunate mistake and not only is your career over but your life is ruined.
Who will sign up for that?
Very sad day.

Greenhorn wrote:

Honest question not meant to stir the pot: what is the difference between this case and the officer that shot Philando Castille? I remember that officer getting off. Was it that he had a firearm on him?

The difference is one was on video,the other was not.

-J.

Eelpoutguy wrote:

Duante Wright’s mother praised the community for accountability in her press conference.

Irony……….

Yep, one of the things I hate most about these cases are that the victims are elevated to the level of angels. Lost is that reality of the scumbags these guys were to have gotten them into the situation in the first place.

Jon Jordan wrote:

<div class=”d4p-bbt-quote-title”>Greenhorn wrote:</div>
Honest question not meant to stir the pot: what is the difference between this case and the officer that shot Philando Castille? I remember that officer getting off. Was it that he had a firearm on him?

The difference is one was on video,the other was not.

-J.

If memory serves me right, Philandro was carrying, announced he was carrying and permitted… the cop told him to keep his hands where he could see them… he decided it would be better to get his wallet out and show his permit… cop yelled at him, he didn’t stop… boom. His GF “did” have FaceTime live going which probably saved this cop from prison too

‘He was either going to be imprisoned, kill someone, or be killed:’ How Daunte Wright led a life of crime and violence before his death and shot his own friend in the head, broke into a neighbor’s home, and robbed a woman at gunpoint’

Before Daunte Wright was shot and killed by now former Minnesota police officer Kim Potter, he terrorized his local neighborhood for several years, leaving victims and their families with a lifetime’s worth of trauma and suffering. Through court records and interviews with the victims, DailyMail.com can exclusively report that Wright had led a life of crime and violence before his death, having been involved in the shooting of two of his school friends, a home burglary, and had previously assaulted and robbed a young woman at gunpoint.

But for some, Wright’s death was a reminder of the justice they will never get for the pain and suffering he had caused them. ‘He’s an evil human being. Worse than a monster, a wasted space on earth,’ Jennifer LeMay told DailyMail.com in an exclusive interview. Her son Caleb, now 18, was left permanently disabled after Wright, his one-time friend, allegedly shot him in the the head at a gas station and left him to die two years ago.

Paul D wrote:

‘He was either going to be imprisoned, kill someone, or be killed:’ How Daunte Wright led a life of crime and violence before his death and shot his own friend in the head, broke into a neighbor’s home, and robbed a woman at gunpoint’

Before Daunte Wright was shot and killed by now former Minnesota police officer Kim Potter, he terrorized his local neighborhood for several years, leaving victims and their families with a lifetime’s worth of trauma and suffering. Through court records and interviews with the victims, DailyMail.com can exclusively report that Wright had led a life of crime and violence before his death, having been involved in the shooting of two of his school friends, a home burglary, and had previously assaulted and robbed a young woman at gunpoint.

But for some, Wright’s death was a reminder of the justice they will never get for the pain and suffering he had caused them. ‘He’s an evil human being. Worse than a monster, a wasted space on earth,’ Jennifer LeMay told DailyMail.com in an exclusive interview. Her son Caleb, now 18, was left permanently disabled after Wright, his one-time friend, allegedly shot him in the the head at a gas station and left him to die two years ago.

Eelpoutguy wrote:

Duante Wright’s mother praised the community for accountability in her press conference.

Irony……….

She also said they and the family now need to continue to push for the maximum sentence allowable as we’ll insure that his family gets what they deserve for their pain. I’m sure they were already looking at a huge civil suit settlement, but with a guilty criminal verdict I’m guessing that case just got easier and the settlement much bigger.

Greenhorn wrote:

Honest question not meant to stir the pot: what is the difference between this case and the officer that shot Philando Castille? I remember that officer getting off. Was it that he had a firearm on him?

A guy who looked like Philando had recently committed an armed robbery. I’m pretty sure all the Officers in the Twin Cities were briefed with the robbery video and photos. That was the reason for the stop. Yanez didn’t know Philando from Mr. Armed Robber Man. It was a case of mistaken identity. Unfortunately for Philando, there was a miscommunication, and he got killed as a result. A tragic accident with a jury that weighed the facts with a bias toward cops. Kim Potter got a jury that considered the facts with an anti-cop bias; They discounted pro-Potter testimony from both the Prosecutions and Defenses law enforcement witnesses and experts. The case for reasonable doubt was reasonable, the jury failed, and the community will suffer the consequences. So glad I no longer live in that area.

fishthumper wrote:

<div class=”d4p-bbt-quote-title”>Eelpoutguy wrote:</div>
Duante Wright’s mother praised the community for accountability in her press conference.

Irony……….

She also said they and the family now need to continue to push for the maximum sentence allowable as we’ll insure that his family gets what they deserve for their pain. I’m sure they were already looking at a huge civil suit settlement, but with a guilty criminal verdict I’m guessing that case just got easier and the settlement much bigger.

This is disturbing to me. Too bad its not disturbing to most.

Disturbing yes, but what would you do if it was your kid? She’s pissed and I get it.

Dutchboy wrote:

Disturbing yes, but what would you do if it was your kid? She’s pissed and I get it.

Well I would of hauled his butt to jail if he warrants, but you know that would have been the right thing to do.

big_g wrote:

On a side note, if I were Alec Baldwin, I would be nervous. Also, the Capital policeman who killed the lady on Jan 6… no charges. Only thing different is the race of the victim I guess. Anybody ?

I would like to know an answer on that also. Why did the Capital murderer not even get charged.

The whole traffic stop was sloppy police work!

Paul J. Scott JR. wrote:

The whole traffic stop was sloppy police work!

Not in my opinion. Everything was going according to the book until the suspect tried to flee. Thats when things started going sideways. Way back they use to pull us over for having your graduation tassel hanging from the mirror. Everybody understood they were really checking to see if you were drinking and driving or smokin’ dope. It was a easy excuse for the cops, but we all knew it.