Kim Potter trail verdict: GUILTY!

[gounion]

It will be announced within the hour. Sounds to me like they didn't waste much time. I'd say she's going to walk.

[gounion]

Holy shit I was wrong:

Kim Potter has been found guilty of first-degree manslaughter and second-degree manslaughter charges for fatally shooting Daunte Wright during a traffic-stop-turned-arrest on April 11, 2021.

Jurors deliberated for about 27 hours over the course of four days.

Potter, 49, had pleaded not guilty to the charges. She took the stand and testified before the jury, breaking down in tears as she recounted the shooting, eventually apologizing and insisting she "didn't want to hurt anybody." During her emotional testimony, Potter said she remembered "yelling 'Taser, Taser, Taser,' and nothing happened, and then he told me I shot him."

The maximum penalty for first-degree manslaughter predicated on reckless use/ handling of a firearm is 15 years in prison and/or a $30,000 fine. However, since Potter has no criminal history, Minnesota sentencing guidelines recommend a sentence roughly between 6 and 8.5 years in prison.

In October, prosecutors informed the court they intend to seek a more severe penalty than state guidelines call for when Potter is sentenced, claiming that she abused her position of authority and that her conduct caused "greater-than-normal danger to the safety of other people."

If Judge Chu agrees that aggravating factors were present, Potter could receive a lengthier prison sentence than the recommendations set out, but not more than the legal maximum. Under Minnesota law Potter will have to serve two-thirds of her sentence in prison. With good behavior, she will be eligible for supervised release for the other third.

[marindem01]

GUILTY ON TWO COUNTS OF MANSLAUGHTER!!!

[gounion]

Gotta give it to the judge, too. Defense wanted her released before sentencing. Why would he think that was okay?

She said no release, no bail. She said she can't treat her different from anyone else.

Wow, maybe there IS justice. I'm VERY surprised.

Maybe this will send a message to cops that carrying a badge is no longer a license to murder.

[Number6]

I kept going back and forth on whether she'd be found guilty. On one hand, I could see where the jury, after seeing the video, shows she made a mistake in which gun she drew and fired. On the other hand, she should have know the difference between a gun and a pistol especially since they're worn on different sides of her belt.

she's been given the power and authority to use lethal force when the situation calls for it so she has to accept the legal consequences for her actions regardless of whether she's right or wrong.

I have no problem with the jury's verdict and I think they're correct. An honest mistake in firing her gun instead of her Taser isn't doesn't excuse her from the responsibility of Daunte Wright's death. Police officers are given the authority and powers not normally permitted to civilians. Among those powers is the use of lethal force. Along with the authority and power goes responsibility to use their authority and powers in accordance with their training, department policy, and professional judgement. Responsibility requires them to accept personal responsibility for their actions. Correctly carrying out their responsibilities is recognized by their department in their performance reports, awards, and promotions. Failure to carry out their responsibilities means they'll face disciplinary action from their department and in Kim Potter's case legal responsibility when they're wrong.

I'm sure conservatives, including those on this board, will decry this verdict justifying their outrage by claiming she made an honest mistake. But the fact remains, her error caused the death of Duante Wright and she has to be held accountable for her error and his death.

[ProfX]

I personally think her culpability comes from what she failed to do after shooting Daunte.

It's not so much that she did so, but pretty much failed to render any aid, or call for any medical assistance, after doing so.

[Libertas]

I personally think her culpability comes from what she failed to do after shooting Daunte.

It's not so much that she did so, but pretty much failed to render any aid, or call for any medical assistance, after doing so.

I paid zero attention to this, just assumed it would end in a debacle like most others.

What did she do instead of calling for medical assistance? Who did call for them, what was her excuse for not calling medical?

[gounion]

I paid zero attention to this, just assumed it would end in a debacle like most others.

What did she do instead of calling for medical assistance? Who did call for them, what was her excuse for not calling medical?

I think she was melting down, saying she knew she was going to prison…

[Number6]

I think she was melting down, saying she knew she was going to prison…

I think she did melt down after realizing what she had done. As for her not calling for medical attention that's not a big issue with me because there were other cops there who could do that.

[Libertas]

I think she was melting down, saying she knew she was going to prison…

Thanks, I was asking about her reason for not doing it at the moment, but the Number6 responded about that.

You know what I thought of when I heard the verdict? That we need to have prisons where police who are going to prison are not in the regular population, where they will be safe and this needs to be known and mandatory for any incarceration of anyone connected to law enforcement, BECAUSE IF NOT you will guarantee that blue line will get wider and wider.

[gounion]

Maybe the defense triggered the jury’s bullshit gag reflex, when they said “she made a mistake - and a mistake is NOT a crime” in their closing arguments.

Which is obviously NOT true.

Look, I don’t believe she meant to kill him, and she was instantly horrified and regretted it. This IS different than the reaction of Chauvin when he murdered George Floyd in cold blood.

So obviously she’s not guilty of murder, but she IS guilty of manslaughter. I commend the jury.

[Libertas]

Maybe the defense triggered the jury’s bullshit gag reflex, when they said “she made a mistake - and a mistake is NOT a crime” in their closing arguments.

Which is obviously NOT true.

Look, I don’t believe she meant to kill him, and she was instantly horrified and regretted it. This IS different than the reaction of Chauvin when he murdered George Floyd in cold blood.

So obviously she’s not guilty of murder, but she IS guilty of manslaughter. I commend the jury.

if she truly did this by accident in that she really thought she was grabbing taser, I am surprised it was not involuntary manslaughter or whatever degree manslaughter that is.

[ProfX]

So, I don't know if the jury heard this or not.

I can say in my private kangaroo court of personal/private opinion, it seals the deal for me.

These folks always have a history.

She shouldn't have walked.

[from twitter]
Ben Crump@AttorneyCrump
Roughly 2 yrs before Daunte Wright’s death, Kim Potter was involved in another deadly shooting by cop. She instructed the officers who shot Kobe Dimock-Heisler to turn off their body cams. Is that really proper protocol?! We can NOT let this continue! : @bygeorgiafort
[end]

I also still think anything Taser manufacturers do to change their product's "uniqueness" would also be good.

[Motor City]

We really need a change in the police management/administration culture so these things dont happen to begin with.

[Glennfs]

She panicked a drew the wrong weapon which is very hard to do. Correct verdict imo we can't gave cops grabbing the wrong weapon.

[Number6]

She panicked a drew the wrong weapon which is very hard to do. Correct verdict imo we can't gave cops grabbing the wrong weapon.

I think the taser should be redesigned requiring the person using it to push a button or lever to arm the taser. In addition, once it's armed it should give out a verbal message like "Taser armed" or a high-pitched tone letting the user know it's a taser their holding and that it's armed. This way, it would be hard for a cop to mistakenly draw their gun thinking they had drawn their taser.

[gounion]

I think the taser should be redesigned requiring the person using it to push a button or lever to arm the taser. In addition, once it's armed it should give out a verbal message like "Taser armed" or a high-pitched tone letting the user know it's a taser their holding and that it's armed. This way, it would be hard for a cop to mistakenly draw their gun thinking they had drawn their taser.

Agreed. I think there's a lot more they could do in taser design to prevent such accidents.

[sam lefthand]

I think that lever screech thing ought to be put on both their taser and their guns.



Make it screech "Put That Gun Away!!!"

[bradman]

So, I don't know if the jury heard this or not.

I can say in my private kangaroo court of personal/private opinion, it seals the deal for me.

These folks always have a history.

She shouldn't have walked.

[from twitter]
Ben Crump@AttorneyCrump
Roughly 2 yrs before Daunte Wright’s death, Kim Potter was involved in another deadly shooting by cop. She instructed the officers who shot Kobe Dimock-Heisler to turn off their body cams. Is that really proper protocol?! We can NOT let this continue! : @bygeorgiafort
[end]

I also still think anything Taser manufacturers do to change their product's "uniqueness" would also be good.

[bradman]

So, I don't know if the jury heard this or not.

I can say in my private kangaroo court of personal/private opinion, it seals the deal for me.

These folks always have a history.

She shouldn't have walked.

[from twitter]
Ben Crump@AttorneyCrump
Roughly 2 yrs before Daunte Wright’s death, Kim Potter was involved in another deadly shooting by cop. She instructed the officers who shot Kobe Dimock-Heisler to turn off their body cams. Is that really proper protocol?! We can NOT let this continue! : @bygeorgiafort
[end]

I also still think anything Taser manufacturers do to change their product's "uniqueness" would also be good.

At least ya lead with, "my private kangaroo court".

[ProfX]

Well , that was my in-joke on "trying this stuff in the court of public opinion". Look, we have our private opinions, which are the teeniest of subsets of this massive lollapalooza of this country's public opinion.

I've never known Mr. Crump to be wrong on things like this. If he is, I'm sure someone will chime in. A practicing lawyer has to be pretty careful about what he tweets.

I certainly can't affect the jury's verdict without a TARDIS.

All I was saying is, IF Mr. Crump is right - it increases my likelihood of thinking the jury reached a correct verdict.

Oh, and BTW, Mr. Crump's statement appears to be correct.

Kim Potter, Daunte Wright Shooter, Instructed Cops After Killing of Kobe Dimock-Heisler
https://www.newsweek.com/daunte-wright- ... er-1583114

"As she arrived, officers were still securing the scene so that Mr. Dimock-Heisler could receive medical treatment," a separate 2020 report from the Hennepin County Attorney's Office read. "Officer Potter instructed Officers Turner and Akers to exit the residence, get into separate squad cars, turn off their body worn cameras, and to not talk to each other."

[snip][end]

I'm not sure that sounds like standard protocol following an incident.

[Libertas]

Allowing this absurd police problem to continue is insane. Just as insane as allowing a couple of bought off assholes to change the 2nd amendment and giving rights outside of militia.

If it was legal to do, and I am sure it isnt, the problem could be solved by re staffing over a several year period all of them using new psyche tests and the most modern way of weeding out racists etc. Legal in that the feds could require it whether you are local or state or federal law enforcement.

[bradman]

Mr. Crump uses the same paragraph that dozens of others have used in one form or another.

"As she arrived, officers were still securing the scene so that Mr. Dimock-Heisler could receive medical treatment," a separate 2020 report from the Hennepin County Attorney's Office read. "Officer Potter instructed Officers Turner and Akers to exit the residence, get into separate squad cars, turn off their body worn cameras, and to not talk to each other."

i guess my question is, what is the procedure?

But for the body cams, it sounds like the same procedure police use on criminals. Separate them, take statements and compare stories.

How do we know this didn't happen?

Where as Chauvins long record finally came to the forefront, i haven't been able to say the same for Potter.

[ProfX]

So ... it might be a policy, but ...

Why Were Police Told To Turn Off Body Cameras Minutes After Adam Toledo Shooting? It’s Standard Policy, Department Says
Once officers have sealed off a crime scene to investigate, police said, it's typical for responding officers to shut off their body cameras.
https://blockclubchicago.org/2021/04/12 ... eant-says/

Zapata, who obtained the audio from an unnamed source, said allowing police officers to shut off cameras just minutes after a fatal shooting by police seems like a bad policy.

“Whether it’s police procedure or not, it’s something that I don’t agree with,” he said. “I think if we are going to have police officers wear body cams, then we need to have the entire situation documented. Before, during the incident, and afterwards. I think it’s a level of transparency and accountability that the residents of Chicago are entitled to.”

The reason behind shutting off the cameras involves the cost of storing the footage, the sergeant said.

[snip]

“We’re within the midst of a pandemic where the Mayor gave the Chicago Police Department over half of our federal relief funds amounting to $280 million and they are saying that it’s too expensive to log and review the footage. It’s a cycle of inconsistency on behalf of the Chicago Police Department,” Zapata said

[snip][end]

Are the storage costs the real issue here?

Since we're discussing criminals, it's well known that they are sometimes caught admitting stuff after an incident.

So, again, in a hypothetical, if a "bad cop" did something bad, his body cam might well catch him admitting to that to fellow officers afterward.

Don't get me wrong - I can definitely see WHY Potter advised this for fellow officers - but see above.

As with many of these things, is this "policy" for saving on storage costs, or helping guilty parties evade accountability?

[ProfX]

Interestingly, video played a key role in her trial.

Video was key in trial of Kimberly Potter, the officer who killed Daunte Wright
https://www.cnn.com/2021/11/30/us/kim-p ... index.html

Interesting article. For once I won't excerpt. But I think the question comes down to this. Perhaps she made an honest mistake in confusing her gun for her taser, despite the taser clearly being differently colored, looking very different, activating differently, and already having a lot of physical differences. BUT.

There are other questions. Why did she allow the situation to reach the point where even using a Taser on Wright was necessary? I think there were a lot of mistakes made before that point. And it might not have been good procedure to use it at that point. That then compounds on her drawing the wrong weapon, and killing him.

I also think it's significant she was more focused on dealing with what would happen to her than getting medical attention for Wright post facto.

I have no Oracular powers, but I bet these things mattered to the jury too.