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

[Apollo]

I can’t imagine all 12 agreeing to convict on either charge. Hung jury, maybe, or acquittal is my prediction. I doubt they deliberate much past tomorrow since they’re sequestered.

The judge has said if they haven't reached a verdict by the 24th, she's letting them go home until the 27th.

 

[Marysmith]

The judge has said if they haven't reached a verdict by the 24th, she's letting them go home until the 27th.

Wow if that happens - that’s a long deliberation for a pretty short trial. IMO it’s going to be a hung jury…

 

[BeachSky]

I was really impressed with the Prosecutors closing arguments and her still shots of inside the car (from the web cam ).
The prosecutor pointed out there was no way Kim Potter could of seen that officers face …much less any “fear “ in his face.

MOO

 

[BeachSky]

Do you think the supervising officer was lying when he said he felt he was in danger of great bodily injury or death, when he was halfway in the passenger side?

I think the defense has a developed story.
Based around -use of force-
IMO it’s developed, not discovered .


MOO

 

[nightowl1975]

The judge has said if they haven't reached a verdict by the 24th, she's letting them go home until the 27th.

I can’t imagine them going home on the 24th without either reaching a verdict or telling the judge no amount of deliberation is going to help them agree. I just don’t see them coming back on the 27th.

 

[Apollo]

I don't remember him saying that. So I watched his testimony again--direct, cross and redirect. Can you point out where in his testimony he says that? I did not hear him say that second time around either.

ETA: I watched day 3 when he was a witness for the prosecution

Just adding to my previous post. In closing, Eldridge said:
“Sgt. Johnson was clearly not afraid of being dragged,” Eldridge said. “He never said he was scared. He didn’t say it then, and he didn’t testify to it in court.”

 

[Apollo]

I can’t imagine them going home on the 24th without either reaching a verdict or telling the judge no amount of deliberation is going to help them agree. I just don’t see them coming back on the 27th.

I think they were giving her a heads up today that no amount of deliberation is going to help them agree.

Looking ahead, I see another trial and another hung jury.

 

[turaj]

If there was another trial chances are some settlement would be reached...doubt they do this same thing again.

 

[turaj]

I was really impressed with the Prosecutors closing arguments and her still shots of inside the car (from the web cam ).
The prosecutor pointed out there was no way Kim Potter could of seen that officers face …much less any “fear “ in his face.

MOO

I just don't see any explanation that holds legal weight to shoot anyone because your fellow officer had "fear in his face". That was implied in her very incomplete telling of ths events.

 

[turaj]

I think they were giving her a heads up today that no amount of deliberation is going to help them agree.

Looking ahead, I see another trial and another hung jury.

Agree a "heads up" and I think they will "hang" it up today...I don't think you can underestimate the impact of impending holidays and sequestration. In fact sequestration is not really that if they go home for a few days? This is the best possible outcome that she could get and not going to play well on the streets here.

 

[turaj]

If it is hung really would like to know the split...thinking one or two not guilty but could be much different.

 

[nightowl1975]

If there was another trial chances are some settlement would be reached...doubt they do this same thing again.

You think she would plead guilty to something rather than take her chances with another hung jury? I don’t see that happening.

 

[Apollo]

You think she would plead guilty to something rather than take her chances with another hung jury? I don’t see that happening.

I don't either. I just don't see 12 people agreeing on this.

 

[PrairieWind]

You think she would plead guilty to something rather than take her chances with another hung jury? I don’t see that happening.

It doesn't sound like they gave her anything to plead to.

 

[Apollo]

I just don't see any explanation that holds legal weight to shoot anyone because your fellow officer had "fear in his face". That was implied in her very incomplete telling of ths events.

I believe her testimony was that she 'saw a fear in his face that she had never seen before.' Maybe her memory is foggy and that fear she saw was after she shot her gun since he had been in the line of fire.

 

[worm]

The questions from the jury lead me to think they will be hung.

 

[deugirtni]

When I look up the Minnesota statutes regarding manslaughter.. I'm not finding the part about the firearms.. isn't that what the prosecutor mentioned in her closing arguments? Does anyone know where that section is?

 

[deugirtni]

This is what the female prosecutor showed while discussing the elements for 'first degree' manslaughter charges:


Add link: approx 23:14:

This is the up-to-date Minnesota law regarding Reckless Use of a Firearm (which is mentioned in the text shown by the prosecutor above). Perhaps the charge should've been something different?:

Red and some bolding by me, and I have snipped what I believe to be irrelevant parts, such as 'furnishing to minors', etc.:

609.66 DANGEROUS WEAPONS.

Subdivision 1.Misdemeanor and gross misdemeanor crimes.

(a) Whoever does any of the following is guilty of a crime and may be sentenced as provided in paragraph (b):

(1) recklessly handles or uses a gun or other dangerous weapon or explosive so as to endanger the safety of another; or

(2) intentionally points a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another; or

(3) manufactures or sells for any unlawful purpose any weapon known as a slungshot or sand club; or

(4) manufactures, transfers, or possesses metal knuckles or a switch blade knife opening automatically; or

(5) possesses any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; or

(6) outside of a municipality and without the parent's or guardian's consent, furnishes a child under 14 years of age, or as a parent or guardian permits the child to handle or use, outside of the parent's or guardian's presence, a firearm or airgun of any kind, or any ammunition or explosive.

Possession of written evidence of prior consent signed by the minor's parent or guardian is a complete defense to a charge under clause (6).

(b) A person convicted under paragraph (a) may be sentenced as follows:


(1) if the act was committed in a public housing zone, as defined in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision 14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both; or

(2) otherwise, including where the act was committed on residential premises within a zone described in clause (1) if the offender was at the time an owner, tenant, or invitee for a lawful purpose with respect to those residential premises, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.

Subd. 1a.Felony crimes; suppressors; reckless discharge.

(a) Whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession a suppressor that is not lawfully possessed under federal law;

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or


(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision 14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or

(2) otherwise, to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.

(c) As used in this subdivision, "suppressor" means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

Subd. 1b.Felony; furnishing to minors.
....
Subd. 1c.Felony; furnishing dangerous weapon.
....
Subd. 1d.Possession on school property; penalty.
....
Subd. 1e.Felony; drive-by shooting.
....
Subd. 1f.Gross misdemeanor; transferring firearm without background check.
....
Subd. 1g.Felony; possession in courthouse or certain state buildings.
....
Subd. 1h.
[Repealed, 2015 c 65 art 3 s 38]
Subd. 2.Exceptions.
Nothing in this section prohibits the possession of the articles mentioned by museums or collectors of art or for other lawful purposes of public exhibition.

History:
1963 c 753 art 1 s 609.66; 1971 c 23 s 66; 1983 c 359 s 89; 1986 c 444; 1990 c 439 s 3,4; 1991 c 279 s 33; 1993 c 326 art 1 s 15-17; 1994 c 576 s 49; 1994 c 636 art 3 s 18-21; 1995 c 186 s 101; 1996 c 408 art 4 s 10; 1998 c 367 art 2 s 22; 2003 c 17 s 2; 2003 c 28 art 2 s 2; 1Sp2003 c 2 art 8 s 10,11; 2004 c 228 art 1 s 72; 2005 c 83 s 1,2; 2005 c 102 s 2; 2010 c 268 s 1; 1Sp2011 c 2 art 4 s 28; 2012 c 194 s 1; 2015 c 65 art 3 s 19,20; 1Sp2021 c 11 art 2 s 42
Official Publication of the State of Minnesota
Revisor of Statutes
https://www.revisor.mn.gov/statutes/cite/609.66
-----------------------------------------------------------
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:

(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;

(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, and murder in the first or second degree was not committed thereby;

(3) intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor's coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another;

(4) proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule III, IV, or V; or

(5) causes the death of another in committing or attempting to commit a violation of section 609.377 (malicious punishment of a child), and murder in the first, second, or third degree is not committed thereby.

As used in this section, a "person of ordinary self-control" does not include a person under the influence of intoxicants or a controlled substance.

History:
1963 c 753 art 1 s 609.20; 1981 c 227 s 12; 1984 c 628 art 3 s 3; 1986 c 444; 1987 c 176 s 2; 1988 c 604 s 1; 1995 c 244 s 13; 1996 c 408 art 3 s 13

https://www.revisor.mn.gov/statutes/cite/609.20

 

[GoneGoldfishin']

This is what the female prosecutor showed while discussing the elements for 'first degree' manslaughter charges:
View attachment 327274

Add link: approx 23:14:

This is the up-to-date Minnesota law regarding Reckless Use of a Firearm (which is mentioned in the text shown by the prosecutor above). Perhaps the charge should've been something different?:

Red and some bolding by me, and I have snipped what I believe to be irrelevant parts, such as 'furnishing to minors', etc.:

609.66 DANGEROUS WEAPONS.

Subdivision 1.Misdemeanor and gross misdemeanor crimes.

(a) Whoever does any of the following is guilty of a crime and may be sentenced as provided in paragraph (b):

(1) recklessly handles or uses a gun or other dangerous weapon or explosive so as to endanger the safety of another; or

(2) intentionally points a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another; or

(3) manufactures or sells for any unlawful purpose any weapon known as a slungshot or sand club; or

(4) manufactures, transfers, or possesses metal knuckles or a switch blade knife opening automatically; or

(5) possesses any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; or

(6) outside of a municipality and without the parent's or guardian's consent, furnishes a child under 14 years of age, or as a parent or guardian permits the child to handle or use, outside of the parent's or guardian's presence, a firearm or airgun of any kind, or any ammunition or explosive.

Possession of written evidence of prior consent signed by the minor's parent or guardian is a complete defense to a charge under clause (6).

(b) A person convicted under paragraph (a) may be sentenced as follows:


(1) if the act was committed in a public housing zone, as defined in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision 14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both; or

(2) otherwise, including where the act was committed on residential premises within a zone described in clause (1) if the offender was at the time an owner, tenant, or invitee for a lawful purpose with respect to those residential premises, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.

Subd. 1a.Felony crimes; suppressors; reckless discharge.

(a) Whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession a suppressor that is not lawfully possessed under federal law;

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or


(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision 14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or

(2) otherwise, to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.

(c) As used in this subdivision, "suppressor" means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

Subd. 1b.Felony; furnishing to minors.
....
Subd. 1c.Felony; furnishing dangerous weapon.
....
Subd. 1d.Possession on school property; penalty.
....
Subd. 1e.Felony; drive-by shooting.
....
Subd. 1f.Gross misdemeanor; transferring firearm without background check.
....
Subd. 1g.Felony; possession in courthouse or certain state buildings.
....
Subd. 1h.
[Repealed, 2015 c 65 art 3 s 38]
Subd. 2.Exceptions.
Nothing in this section prohibits the possession of the articles mentioned by museums or collectors of art or for other lawful purposes of public exhibition.

History:
1963 c 753 art 1 s 609.66; 1971 c 23 s 66; 1983 c 359 s 89; 1986 c 444; 1990 c 439 s 3,4; 1991 c 279 s 33; 1993 c 326 art 1 s 15-17; 1994 c 576 s 49; 1994 c 636 art 3 s 18-21; 1995 c 186 s 101; 1996 c 408 art 4 s 10; 1998 c 367 art 2 s 22; 2003 c 17 s 2; 2003 c 28 art 2 s 2; 1Sp2003 c 2 art 8 s 10,11; 2004 c 228 art 1 s 72; 2005 c 83 s 1,2; 2005 c 102 s 2; 2010 c 268 s 1; 1Sp2011 c 2 art 4 s 28; 2012 c 194 s 1; 2015 c 65 art 3 s 19,20; 1Sp2021 c 11 art 2 s 42
Official Publication of the State of Minnesota
Revisor of Statutes
https://www.revisor.mn.gov/statutes/cite/609.66
-----------------------------------------------------------
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:

(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;

(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, and murder in the first or second degree was not committed thereby;

(3) intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor's coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another;

(4) proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule III, IV, or V; or

(5) causes the death of another in committing or attempting to commit a violation of section 609.377 (malicious punishment of a child), and murder in the first, second, or third degree is not committed thereby.

As used in this section, a "person of ordinary self-control" does not include a person under the influence of intoxicants or a controlled substance.

History:
1963 c 753 art 1 s 609.20; 1981 c 227 s 12; 1984 c 628 art 3 s 3; 1986 c 444; 1987 c 176 s 2; 1988 c 604 s 1; 1995 c 244 s 13; 1996 c 408 art 3 s 13

https://www.revisor.mn.gov/statutes/cite/609.20

It is so clearly obvious that NONE of these circumstances apply to Kim Potter, and her prosecution was done for political reasons. You would think that they would have learned from Other Recent Events (i.e. K.R.) that doesn't fly, and is a waste of precious resources that could be used to go after ACTUAL CRIMINALS. Moo.

 

[fred&edna]

It is so clearly obvious that NONE of these circumstances apply to Kim Potter, and her prosecution was done for political reasons. You would think that they would have learned from Other Recent Events (i.e. K.R.) that doesn't fly, and is a waste of precious resources that could be used to go after ACTUAL CRIMINALS. Moo.

I agree.