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

[kittythehare]

State offers up evidence, argues charges as Potter trial nears

They're taking no prisoners, I am pleased to see.

 

[sds71]

Reserving her right to also raise additional defenses pending further
review of the voluminous discovery, Officer Potter asserts the following may be offered at trial:
Filed in District Court State of Minnesota 10/13/2021 4:31 PM
Dated:

A) Innocent Accident.
B) Innocent Mistake.
C) Her perceived use of a Taser was reasonable.
D) Lack of causation.

https://mncourts.gov/mncourtsgov/me...0/Notice-of-Defense-and-Defense-Witnesses.pdf
We request disclosure of the decedent’s family’s interest in pursuing a
civil action after the conclusion of this case, including the fee agreement…

https://mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-21-7460/Motion_1.pdf

 

[kittythehare]

Reserving her right to also raise additional defenses pending further
review of the voluminous discovery, Officer Potter asserts the following may be offered at trial:
Filed in District Court State of Minnesota 10/13/2021 4:31 PM
Dated:

A) Innocent Accident.
B) Innocent Mistake.
C) Her perceived use of a Taser was reasonable.
D) Lack of causation.

https://mncourts.gov/mncourtsgov/me...0/Notice-of-Defense-and-Defense-Witnesses.pdf
We request disclosure of the decedent’s family’s interest in pursuing a
civil action after the conclusion of this case, including the fee agreement…

https://mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-21-7460/Motion_1.pdf

Remorse dripping out of this in bucketloads-not!

 

[Cool Cats]

Ex-cop who killed Daunte Wright lays out possible defense
Thu, October 14, 2021, 2:29 PM

Attorneys for former Brooklyn Center Officer Kim Potter said in documents made public Thursday that they might argue that the death of Wright, a Black motorist, was an innocent accident or an innocent mistake.


Kim Potter and Daunte Wright

They also might argue that Potter's “perceived use of a Taser was reasonable” and that there is a lack of causation, meaning Wright is also partly to blame for his own death.

She was initially charged with second-degree manslaughter, but prosecutors added a count of first-degree manslaughter last month.

The defense has asked for the new charge to be dismissed.

The first-degree manslaughter count alleges Potter recklessly handled a firearm and endangered Wright’s safety when death or great bodily harm was reasonably foreseeable.

Engh wrote that when Potter shouted, “Taser! Taser! Taser!” it was evident she thought she was using her taser, not her gun. Engh said Potter didn’t know she was about to create a risk of harm to Wright and couldn’t have been aware of the risk and then ignore it.

“What the jury will see and hear about instead is an accident,” Engh wrote. “And a police officer’s accidental shot is not a crime.”

Engh said that if Potter intended to use her Taser, then she did not intend to shoot Wright, and the facts don't fit either charge against her.

“The State can’t prove any offense by playing the video, which shows an accident,” Engh wrote. “The prosecution can’t win on Officer Potter’s shouts of ‘Taser, Taser, Taser,’ words meaning she was going to use her TASER, so as to not harm Mr. Wright. Nor for reasons of her enormous after-the-fact regret of what could not have been a conscious act.”

 

[Cool Cats]

Daunte Wright was 'afraid police would do something like this'

A memorial for Daunte Wright with flowers and dandelions on May 2, 2021, in Brooklyn Center, Minnesota.

A person lights a candle during a vigil on April 12, 2021, following the fatal police shooting of Daunte Wright in Minnesota.

 

[JerseyGirl]

Kim Potter's attorneys detail defense strategy for trial in Daunte Wright shooting death

 

[Cool Cats]

PUBLISHED: 08:57 EDT, 28 October 2021

Judge won't toss first degree manslaughter charge for cop Kim Potter who shot Daunte Wright dead | Daily Mail Online

• A Minnesota judge dismissed a request to drop first-degree manslaughter charges against Kim Potter, who mistakenly shot dead Daunte Wright in April
• Judge Regina Chu noted Wednesday that the state will have a higher burden of proving the crime beyond a reasonable doubt in light of the stiffer charges
• For a conviction on the first-degree charge, prosecutors would need to convince a jury that Potter was aware of the risk of killing Wright
• First-degree manslaughter carries a maximum sentence of 15 years while second-degree manslaughter carries a maximum penalty of 10 years

Potter, who is white, was initially charged with second-degree manslaughter, which requires a finding that she acted with 'culpable negligence' in Wright's death. Culpable Negligence (Legal Definition: All You Need To Know)

Potter claimed she meant to tase Wright and can be heard in body cam footage yelling about a Taser. A Taser is black and yellow in design compared to a gun, which is all black

The judge's ruling noted that Potter had drawn the Glock from the right side of her belt when her Taser was on the left side. Chu said Potter had "disregarded" her training and experience.

 

[JerseyGirl]

Media make fresh plea for access to ex-cop Potter's trial

 

[kittythehare]

Media make fresh plea for access to ex-cop Potter's trial

Scheduled to begin November 30th!

 

[sds71]

@PaulBlume_FOX9
In a reversal, judge WILL ALLOW cameras, broadcast & live stream of upcoming Kimberly Potter trial in shooting death of #DaunteWright. Just like we saw in #DerekChauvin murder trial. Potter trial set to begin November 30th

https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-21-7460/MST883B.pdf
https://www.mncourts.gov/mncourtsgo...60/Order-Regarding-Audio-Video-Coverage_1.pdf
https://www.mncourts.gov/mncourtsgo...60/Order-Regarding-Audio-Video-Coverage_1.pdf

 

[JerseyGirl]

Judge changes course, allows video coverage of Potter trial

 

[sds71]

Hennepin County Special Juror Questionnaire

https://minnesotacourts.co1.qualtrics.com/Q/EditSection/Blocks/ (mncourts.gov)

 

[skyedaze]

Hennepin County Special Juror Questionnaire

https://minnesotacourts.co1.qualtrics.com/Q/EditSection/Blocks/ (mncourts.gov)

Thanks, that's interesting. I've not see a questionnaire before.

 

[JerseyGirl]

Jurors in Potter trial will be asked about experience with policing, demonstrations, BLM

According to the questionnaire, jury selection is scheduled from Nov. 30 to Dec. 7. The trial is then slated to begin on Dec. 8 and will last for approximately two weeks.

 

[Cool Cats]

For cop who shot Daunte Wright, will 'wrong gun' plea work?

Joe Friedberg, a local defense attorney who isn't connected to the case, said Wright’s attempt to drive off when Officer Johnson was partly inside the car would have been sufficient grounds for Potter to shoot and kill him intentionally — and that is enough to acquit, he said.

Mike Brandt, another local defense attorney not connected with the case, saw it differently. He said it’s clear Potter mishandled a firearm — an element of the first-degree manslaughter charge — though the jury might struggle with whether she did so recklessly. The “culpable negligence,” or taking an unreasonable risk, is easier to prove, making second-degree manslaughter more likely, Brandt said.

In one of the best-known cases of grabbing a gun instead of a Taser, a transit officer in Oakland, California, killed 22-year-old Oscar Grant in 2009. Johannes Mehserle was sentenced to two years in prison for involuntary manslaughter.

Oakland civil rights attorney John Burris, who won a $2.8 million settlement for Grant's family, said Taser mix-ups have dwindled since police across the country stepped up stun-gun training after Grant's death.

The trial timeline for Potter sets aside at least six days for jury selection, with opening statements no sooner than Dec. 8.

 

[Jax49]

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

 

[JerseyGirl]

This thread is full and will be closed. Please continue here:

MN - Daunte Wright, 20, fatally shot by police during traffic stop, Brooklyn Center, Apr 2021 #2