How Much Will the Differences Between a Gun and a Taser Impact the Kim Potter Murder Trial?

As former police officer Kim Potter prepares to go to trial on November 30, 2021, for 1st and 2nd degree manslaughter charges in the shooting death of Daunte Wright, one of the critical questions that the jury must determine is this:  When Kim was shouting “Taser, Taser, Taser”, did she actually know that the weapon in her hand was her Glock 17 and not her Taser X26P?  

What the Judge Must Decide

At this point, Judge Regina Chu has not ruled on a fundamental question of whether the State must prove the higher standard that Kim Potter actually knew she had a Glock 17 in her hands or whether it can be the lower standard of “reasonably should have known.” This is critical to the 1st Degree Manslaughter charge and also to the Defense’s theory of their case. The difference between 1st and 2nd degree manslaughter is 20 versus 10 years.

However the Judge rules on this issue, a major piece of the prosecution will be the similarities and distinctions between the Taser and the Glock 17 used by former officer Kim Potter:

Some of the Differences between the Kim Potter’s Taser and her Glock 17 sidearm:

Description Taser X26P Specs Glock 17 Specs

Color: Neon Yellow and Black Black

Length: 7.6 inches 8.03 inches

Width: 1.3 inches 1.26 inches

Height: 3.2 inches 5.47 inches

Weight: 7.2 ounces 32.38 fully loaded

Sights: None Near the muzzle

Grip material Polymer Polymer

Grip length Longer Shorter

Trigger Mechanism: Smooth Safety Trigger mechanism

Location on Belt: Non-Dominant hand side Dominant hand side

The Prosecution

As the Kim Potter case shakes out, it is likely the Prosecution will spend enormous amounts of time arguing these and more distinctions between the Taser and the Glock.  Further, they will argue that because the distinctions are so shockingly huge, there is simply no way that Kim Potter could have been confused between the two weapons as she was holding the Glock in the street on April 11, 2021. The Prosecution will also focus on training and experience as well as the two times that Kim Potter previously discharged her Taser. These will all go to arguing actual knowledge. 

The Defense

The Defense, in response, will argue the differences between the two weapons are not as important. Rather they must focus on accident, mistake and enormous stress as well as something called “slip and capture.” This is a motor glitch where the mind sees and understand things differently than they actually are. An example of this might be where you walk into a parking lot and get into a car parked where yours was and only then realize that it isn’t yours and only after the fact do you recognize the obvious differences. Now, add insane amounts of stress. In the end, the argument is that this was a horrible, unintentional mistake in impossible circumstances and that Kim Potter honestly did not know that she held that Glock 17 in her hands.

There are still a few pretrial motions to shake out but like so many cases, it is the pretrial rulings that dictate how a criminal case can play out.

Contact an Experienced Criminal Defense Attorney

Jack Rice is the founder of Jack Rice Defense, a former prosecutor, a Board Certified Criminal Law Specialist and a St. Paul based experienced criminal defense attorney. He also trains both prosecution and defense attorneys on trial advocacy skills. If you are facing serious criminal charges, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.  

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Jury Selection will be Critical in the Kim Potter Murder Trial

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Minnesota Criminal Defense Attorney Jack Rice Breaks Down Kim Potter Murder Trial Charges