MN - Daunte Wright, 20, fatally shot by police during traffic stop, Brooklyn Center, 11 April 2021

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“It doesn't make any sense to overcharge cases that can't be proved, nor does it make any sense to undercharge cases because you're empathetic or sympathetic to the defendant. The idea is to pick the right statute that fits the fact situation and I think that's what Washington County Attorney Pete Orput did," legal expert Kevin Burke told KSTP.

"If we start with first-degree murder, it would be somebody who premeditated it and intended to kill somebody, so that doesn't seem to be the facts here," Burke explained.

"Second-degree murder is about intending to kill someone. According to the body camera video I did see, after the officer shot the victim, she said something along the lines of, 'Oh s---.' That would indicate she didn't intend to do that.," Burke continued.

Burke said third-degree murder is a controversial charge in Minnesota, centered around the idea that a person caused the death of another by "perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life."
Former judge explains reasoning behind manslaughter charge for officer who shot Daunte Wright
 
They would not know it was a white woman that owned the car by the registration. It does not say "white woman" on their computer. Plus, the "temp" registration wasn't visible from the back, so they were likely running the plates from the previous owner.

What 'temp' registration? The only case I know of currently that involved a temp registration was the army lieutenant who was pulled over for no registration. DW's vehicle was still owned by his mom so wouldn't LE be able to pull up whether the registration expired(it was) and also bring up details of the current owner's driver's license?
 
In the worst tragedies it is said to'look for the helpers'

I'm always forcibly struck by the goodness and kindness of the American heart in times like these. I think that level of sheer goodness is enough to move mountains.

From your link
1acheck.jpg


DAVID JOLES - STAR TRIBUNE
Brian Ingram of One Restaurant Group, second from left, gets emotional while presenting a check for $17,000 to Chyna Whitaker, second from right, the mother of a 1-and-a-half-year-old son with Daunte Wright.
Restaurant owners presented the mother of Daunte Wright's child, Chyna Whitaker, with a check for $17,000 Wednesday at her church, Worldwide Outreach for Christ.

Wright, 20, was fatally shot during a traffic stop Sunday by former Brooklyn Center police officer Kimberly Potter.

Brian Ingram of Purpose Driven Restaurant Group and chef and community activist Justin Sutherland collected money from staff donations, vendors and tips.

"I have a four-month-old at home. No words. For us, it was 'let's just raise this child up and do everything we can,' " said Ingram, principal owner of Hope Breakfast Bar in St. Paul. He has worked on community projects before with Sutherland, owner of Handsome Hog in St. Paul who has appeared on national TV food shows.
 
For whom? Everyone is entitled to due process, not summarily executed. Was she frightened that he was going to hurt her or get away?
Well, the police officers surely would have been concerned that he could have had a weapon in his car and IMO that is when everything went haywire. Information on the open warrant would have stated that he was wanted for the armed robbery.
 
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Or how about we give better training to officers so they don't become judge,jury and executioner?

Agree 100%!

But how do we do this in a time when there are loud calls to decrease the budgets of Police? Better training requires money and if we take away money what does that look like? Yes, maybe more efficient budgeting would help, but that will take time and if overall budgets are cut, training budgets are often one of the first cost centers that are affected.

Maybe we need to do the opposite for a bit so more and better training could become a reality.
 
A conviction for second degree manslaughter could actually be difficult in this case, considering the particular phrasing of Minnesota's second degree manslaughter statute:

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:

(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;

I've been browsing Minnesotan jurisprudence for a clarification, and I'll cite from State v. Frost, since it touches on the crux of the legal issue at stake here (warning: long wall of legalese incoming). I've bolded the most relevant parts:

State v. Frost

"The state contends that in interpreting section 609.205(1) this same definition of "culpable negligence" applies and that there is no requirement of awareness of risk on the defendant's part. In disagreeing with this, defendant points to language in our recent decision in State v. Zupetz, 322 N.W.2d 730 (Minn.1982), a case in which we held that second-degree manslaughter is not a specific-intent crime, and that therefore one may not be convicted of attempting to commit second-degree manslaughter.

"Recklessness" and "negligence" may be defined in the following manner: A person acts "recklessly" when he consciously disregards a substantial and unjustifiable risk that the element of an offense exists or will result from his conduct; the risk must be of such a nature and degree that its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation. A person acts "negligently" when he should be aware of a substantial and unjustifiable risk that the element of an offense exists or will result from his conduct; the risk must be of such a nature and degree that his failure to perceive it involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation. The difference between the terms "recklessly" and "negligently," as thus defined, is one of kind rather than of degree. Each actor creates a risk of harm. The reckless actor is aware of the risk and disregards it; the negligent actor is not aware of the risk but should have been aware of it.

Minn. Stat. § 609.205 (1980) defines second-degree manslaughter in terms of culpable negligence whereby the actor consciously takes the chance of causing another's death or serious injury; this definition corresponds with "recklessness" as defined by Wharton, supra. In Beilke, we called this kind of recklessness "intentional conduct which the actor may not intend to be harmful but which an ordinary and reasonably prudent man would recognize as involving a strong probability of injury to others...

...As Zupetz indicates, second-degree manslaughter under section 609.205(1) involves an element of awareness of the risk by the defendant. Stated differently, the statute requires proof of an objective element and a subjective element, the objective element being gross negligence and the subjective element being recklessness in the form of an actual conscious disregard of the risk created by the conduct. This interpretation is based on the wording of the statute itself and, further, is in accord with the view espoused by the drafters of the Model Penal Code that liability for manslaughter should not be premised on "inadvertence to risk" (that is, disregarding of a risk of which one should be aware) but on a conscious disregarding of a substantial and unjustifiable risk of which one actually is aware."

The key takeaway here is that a conviction for second degree manslaughter requires the defendant to have taken a conscious risk. However, judging from the video the police officer genuinely believed she was firing her taser, so the element of conscious risktaking isn't being met. As State v. Frost shows, it's not enough to say that even though she wasn't aware it was her gun, she should have been (negligence), but the state must prove she was aware, but did it anyway (recklessness). From the currently available information, I don't see how the prosecution can prove the required element of conscious risk taking to score a conviction. The only opening for the prosecution would be if she consciously decided to wear her taser and firearm on the same side (which I strongly suspect would be against police department safety protocols), in which the case for manslaughter would become much stronger.
 
“It doesn't make any sense to overcharge cases that can't be proved, nor does it make any sense to undercharge cases because you're empathetic or sympathetic to the defendant. The idea is to pick the right statute that fits the fact situation and I think that's what Washington County Attorney Pete Orput did," legal expert Kevin Burke told KSTP.

"If we start with first-degree murder, it would be somebody who premeditated it and intended to kill somebody, so that doesn't seem to be the facts here," Burke explained.

"Second-degree murder is about intending to kill someone. According to the body camera video I did see, after the officer shot the victim, she said something along the lines of, 'Oh s---.' That would indicate she didn't intend to do that.," Burke continued.

Burke said third-degree murder is a controversial charge in Minnesota, centered around the idea that a person caused the death of another by "perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life."
Former judge explains reasoning behind manslaughter charge for officer who shot Daunte Wright
In other words, all anybody has to do is exclaim 'Oh *advertiser censored*' every time they kill someone in full earshot of bystanders..
I jest, bitterly.
Did she observe all department guidelines in respect of deescalation, taser use, forming any kind of rapport with the arrestee?
Conducting herself in a calm dignified manner with due professionalism?
Did she not factor in the current climate and the nearness of the GF trial and how it would have been likely to affect a young black man?
Why did they tell him to cease his phonecall?
What was that about?
 
Well, the police officers surely would have been concerned that he could have had a weapon in his car and IMO that is when everything wet haywire. Information on the open warrant would have stated that he was wanted for the armed robbery.
He was not wanted for armed robbery actually.
He was wanted for a gross misdemeanor, a horse of a different colour.

There were at least three officers present, one could have searched the vehicle while the others handcuffed him if they were concerned he might have a weapon.
A simple
Show me your hands, once he had reentered the vehicle might have sufficed.
 
Agree 100%!

But how do we do this in a time when there are loud calls to decrease the budgets of Police? Better training requires money and if we take away money what does that look like? Yes, maybe more efficient budgeting would help, but that will take time and if overall budgets are cut, training budgets are often one of the first cost centers that are affected.

Maybe we need to do the opposite for a bit so more and better training could become a reality.
It should have been done long ago.
 
"Smearing" the Victim?
In my opinion it does when it has nothing to do with the case at hand. When people post criminal records it is, to me, like saying, 'he deserved all he got'.
@Gibbo214 Thanks for your response about your interpretation. When someone's prior arrests & convictions are made public, when factual, I do not necessarily see it as smearing.
Differing views make for interesting discussion on this informative board.
 
He was not wanted for armed robbery actually.
He was wanted for a gross misdemeanor, a horse of a different colour.

There were at least three officers present, one could have searched the vehicle while the others handcuffed him if they were concerned he might have a weapon.
A simple
Show me your hands, once he had reentered the vehicle might have sufficed.
Wrong wording. However, he was wanted for choking a woman and attempting to rob her while using a weapon.
 
"Smearing" the Victim?
@Gibbo214 Thanks for your response about your interpretation. When someone's prior arrests & convictions are made public, when factual, I do not necessarily see it as smearing.
Differing views make for interesting discussion on this informative board.
Can you tell me what the purpose of it is, then?
 
I really don't think that's what they are saying. I took it to be a police officer now in general no matter where they serve.

Several police officers in just this past week alone have been shot.

Three officers were shot in my state of Georgia a couple of days ago, and there have been more than those three shot in such a short amount of time.

Jmho tho

Yes, so very true @oceanblueeyes! Very thought-provoking post. Lots of them selflessly put their lives in danger for their community. I am in CO... So throughout these conversations here i can't help but think of the officer that selflessly ran into a mass shooting in a supermarket and was killed in the process of saving many lives. Sorry, realize this thread is about Daunte.

What i am trying to say.... Every occupation has some not so great characters, including LE. But LE as a whole should never be looked upon as all bad and i just really struggle with that.


It should have been done long ago.

Sorry, long day... Do you mean cutting the budget or increasing the budget?
 
Yes, so very true @oceanblueeyes! Very thought-provoking post. Lots of them selflessly put their lives in danger for their community. I am in CO... So throughout these conversations here i can't help but think of the officer that selflessly ran into a mass shooting in a supermarket and was killed in the process of saving many lives. Sorry, realize this thread is about Daunte.

What i am trying to say.... Every occupation has some not so great characters, including LE. But LE as a whole should never be looked upon as all bad and i just really struggle with that.




Sorry, long day... Do you mean cutting the budget or increasing the budget?
Neither.
I'm discussing the correct education f law enforcement from the outset.
It doesn't cost very much at all
 
Neither.
I'm discussing the correct education f law enforcement from the outset.
It doesn't cost very much at all

Hmmm, ok. We agree to disagree. ;)Good education at the beginning is great, but there also has to be continuing annual education and that does cost money.

I have to do continuing education to keep my license active and get 3k annually to do that. That alone for multiple employees can really wipe out a limited continuing education budget.
 
Hmmm, ok. We agree to disagree. ;)Good education at the beginning is great, but there also has to be continuing annual education and that does cost money.

I have to do continuing education to keep my license active and get 3k annually to do that. That alone for multiple employees can really wipe out a limited continuing education budget.
If other, not so rich countries as the US, can train their police to a high standard, I cannot see why the US can't. UK police do not even carry guns and they manage to arrest people.
 
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