EXPLAINER: What will judge weigh in sentencing Kim Potter?
WHAT SENTENCE IS POSSIBLE?
Under Minnesota statutes, Potter, who is white, will be sentenced only on the most serious charge of first-degree manslaughter. That’s because both of the charges against her stem from one act, with one victim.
The max for that charge is 15 years. But state sentencing guidelines call for much less. For someone with no criminal history, like Potter, the guidelines range from just more than six years to about 8 1/2 years, with the presumptive sentence being slightly over seven years.
Prosecutors have said they'd seek a sentence above the guideline range, while the defense said they would seek no prison time. In order for Judge Regina Chu to issue a sentence that's outside the guideline range, she would first have to find either mitigating or aggravating factors. Both sides are expected to file written arguments.
POSSIBLE AGGRAVATING FACTORS
Prosecutors say aggravating factors in Potter's case include that she caused a greater-than-normal danger to the safety of other people when she fired into the car, including danger to her fellow officers, to Wright’s passenger and to the couple whose car was struck by Wright’s after the shooting. They also alleged she abused her authority as a police officer.
POSSIBLE MITIGATING FACTORS
Defense attorney Paul Engh said the defense would be seeking a “dispositional departure” from sentencing guidelines.
Under state statutes, a mitigated dispositional departure occurs when guidelines recommend a prison sentence, but a judge allows the sentence to be “stayed" — meaning the defendant doesn't go to prison. Instead, the defendant is put on probation, home monitoring, or possibly sent to the local jail, said Marsh Halberg, a Minneapolis attorney who is not connected to the case. A defendant would be sent to prison to if conditions set by the court are violated.
