Minnesota Criminal Defense Attorney Jack Rice Breaks Down Kim Potter Murder Trial Charges
The camera footage was everywhere: Officers struggling to control a young black man who appears to be trying to get back into a car and get away. Eventually, one officer says she is going to tase him, all on film, and the other officers back away and she shouts, “Taser, Taser, Taser.” The officer who shouted those words? Kim Potter. The unarmed man who died because that “Taser” was actually her sidearm was Daunte Wright.
This all happened in the shadow of the Derek Chauvin murder trial. As a result, a city already boiling over with anger, frustration, confusion, actually got even worse.
Kim Potter goes on trial starting on November 30, 2021 for the shooting and killing of Daunte Wright. So, let’s break down the charges that she will face. If you are facing serious criminal charges in Minnesota, contact nationally known criminal defense attorney Jack Rice for a free confidential consultation or call 651-447-7650 or 612-227-1339.
1st Degree Manslaughter
According to the complaint, “On or about April 11, 2021, in Brooklyn Center, Hennepin County, Minnesota, Defendant Kimberly Ann Potter caused the death of Daunte Demetrius Wright, while committing the misdemeanor offense of reckless handling or use of a firearm so as to endanger the safety of another with such force and violence that death or great bodily harm to any person was reasonably foreseeable.”
Essentially, what this means is the State must prove that Kim Potter recklessly handled her firearm when she shot and killed Daunte Wright. She faces up to 15 years in prison and up to a $30,000 fine.
2nd Degree Manslaughter
Again, according to the complaint, “On or about April 11, 2021, in Brooklyn Center, Hennepin County, Minnesota, Defendant Kimberly Ann Potter caused the death of Daunte Demetrius Wright, by her culpable negligence, whereby Kimberly Potter created an unreasonable risk and consciously took a chance of causing death or great bodily harm to Daunte Demetrius Wright, while using or possessing a firearm.”
Again, what the State must prove is that Kim Potter consciously disregarded a risk of death or great bodily harm when she shot and killed Daunte Wright. She faces up to 10 years in prison and up to a $20,000 fine.
A Lot of Questions for the Jury
Kim Potter could be convicted or acquitted of either or both counts. Some are arguing that having this on video creates a slam dunk case for the prosecution. The State will certainly argue that it is impossible to mistake a taser for a firearm and will undoubtedly bring in experts to back up that contention. However, depending upon how the defense argues their case, the video could certainly be interpreted completely differently. The Defense will likely argue that this was simply an accident in every sense of the word. She had no reckless intent, no negligent intent, let alone criminal intent. Further, if she honestly didn’t believe that this was even a firearm, how can she knowingly recklessly mishandle it.
Was Deadly Force Reasonable?
One of the questions that this jury will have to grapple with is whether deadly force was reasonable. Some of the facts that will likely be presented by one side of the other include whether Daunte Wright was trying to get away, whether he was doing so with one of the officers half in and half out of the car and whether those facts alone would have been sufficient for any of the Officers including Kim Potter to use a firearm. Generally speaking, if an officer is half in and half out of a car and a perpetrator is trying to flee which could result in an officer being dragged and seriously injured or killed, an officer may be justified in using deadly force. Therefore an intentional killing could be justifiable. This is certainly one of the arguments the Defense will and should raise.
These are all questions that will likely be presented to a jury. However, Hennepin County Judge Regina Chu has ruled that camera will be allowed in the courtroom so the audience could be huge. Considering the high profile nature of the case, the whole world will likely be watching in the wake of the Chauvin trial, the Rittenhouse trial and the Ahmaud Abery murder trial.
Jack Rice is a nationally known criminal defense attorney in St. Paul who is also a Board Certified Criminal Law Specialist. He has extensive criminal defense experience handling murders, rape cases and other serious felonies. If you are facing serious criminal charges in the Twin Cities, contact Jack Rice Defense for a free confidential consultation or call 651-4470-7650 or 612-227-1339.