daunte wright trial begans today


begining statements.


wrights mother crying on stand, wonder how this will come out?


From what we are learning in actual testimony, the shooting of Wright would have been legally justified...he was actively endangering the lives of two police officers as he tried to flee in his car....

This officer should be found not guilty and reinstated...

When Wright began violently fighting arrest and struggling to regain his position in the driver’s seat of the car, Johnson opened the passenger side door of the car and reached across passenger/girlfriend Albrecht-Payton to place his right hand on the gear shift to keep it in park and his left hand for the keys to prevent their operation. Johnson would later shift his left hand to Wright’s right arm, to try to compel compliance with arrest.

While Johnson had his right hand on the gear shift to lock in the parked position, Wright’s own hand fought to put the car into gear—this while both Johnson and Luckey had the upper half of their bodies inside the vehicle.

Frank asked Johnson whose hand was near Johnson’s on the shift lever, and Johnson answered that was Wright’s hand. He appears to have been trying to shift the knob, and you prevented him, asked Frank? Yes, replied Johnson.

Frank asked Johnson what he thought Wright was about to do in that moment, and Johnson answered “drive away”—obviously, any such action by Wright in the moment would have risked immediate death or serious bodily injury to both Johnson and Luckey, and perhaps also Potter.

=====


After the morning break, defense counsel Earl Gray stepped up to conduct cross-examination of Sergeant Johnson, a process which would consume only 20 minutes, and which would prove far more productive and efficient than had Frank’s direct of Johnson.

As Potter’s supervising officer for several years, didn’t you consistently grade her job performance as exceeding expectations? Johnson had. She went above and beyond normal activity for a patrol officer? Yes. She worked with victims of domestic victims, was a casket carrier for officers killed in the line of duty? She did and was. Any ever complaint of Potter using excessive force? No.

You knew Potter and Luckey were seeking to arrest Wright on an arrest warrant for a gun crime and also needed to confirm the identity of the female passenger to ensure it was not the woman who had taken out the restraining order against Wright? Yes. Knew also there was marijuana residue in the car? Yes.

What did the weapons violation tell you? That Wright had had a gun before, might have one again now. Illegally? Yes.

From the time you informed Wright he was under arrest to the time he started fighting that arrest was about 13 seconds? Yes. And it’s six seconds later that Potter first says she’ll Tase him. Yes. Seconds later, I’ll tase you, again. Yes. Three seconds later, she fires what she thinks is a Taser? Yes.

At any time did Wright simply comply with arrest and stop fighting? No.

You heard “Taser! Taser! Taser!” and backed out of the car. Yes. As soon as you got out of the car, the car took off like a jet, quite fast? Yes, it took off quick.

What’s an officer supposed to do when arresting a suspect on a weapons warrant and trying to find out about a protection order? We’re supposed to put the suspect under arrest. And if they try to get away, use force to effect the arrest? Yes.

If Wright had taken off with you in the car, the likely outcome? My serious injury or death. In that case, with an officer in your position, with Potter trying to stop Wright, would it be fair for Potter to use a firearm to stop Wright? By state statute, yes. By statute, one can use deadly force to avoid death or great bodily harm? Yes. You’re aware of that statute? Yes.

 
And that has what to do with whether she is guilty of manslaughter in his death? You are not saying it was a good shoot, because she unknowingly got lucky and shot a bad guy for no reason apparent in the traffic stop, are you?
They are only charging manslaughter, and it certainly appeared to be manslaughter from her body cam with sight and sound.


It isn't manslaughter according to the legal definition of manslaughter ......

Both of the crimes charged are predicated on a mental state of recklessness. That is, prosecutors do not claim that Potter intended to shoot Wright. Rather, they argue that by drawing her Glock 17 from the holster on the right side of her duty belt in place of the Taser placed, as required, on the left side of her duty belt, Potter created an unreasonable risk of causing death or great bodily harm, and consciously disregarded that risk.

The degree of risk being deadly in nature and the conscious disregard of that risk differentiates recklessness from mere negligence. Where recklessness is a valid basis for a criminal charge, as in this case, mere negligence would warrant only a civil suit for damages and not create criminal liability.

I expect that Potter’s legal defense will be either that her conduct was at worst mere negligence so that there ought to be only civil and no criminal liability, or even that her conduct qualifies as a genuine accident to which neither civil nor criminal liability attaches. Accident is a genuine legal defense, much as self-defense is a genuine legal defense.

 
Sorry about the death.
Oh there will definitely be civil suits, and they will win, big time, is my prediction. In my opinion, they deserve to win big time.


No...they don't......Daunte Wright was a criminal fleeing lawful arrest and putting the lives of at least two officers in danger.......he was attempting to drive his car with two officers halfway in the vehicle.......
 

begining statements.


wrights mother crying on stand, wonder how this will come out?


On the manslaughter charge.....

Generally speaking, conduct is reckless, and thus creates legal liability, when the actor intentionally creates a risk of unjustified death, and then intentionally ignores that risk. The classic example is that of the drunk driver, who knowingly operates a motor vehicle while under the influence. That conduct is reckless, and if he runs someone over and kills them then the reckless killing is involuntary manslaughter.

A similarly classic example involving firearms might be that of someone firing a warning shot into the air to disperse some simple trespassers from his property, only to have the bullet enter the 5th story window of a nearby apartment and kill the resident there.

In that example, the intent to create the dangerous circumstances is rather explicit–both the driving while intoxicated and the firing of the shot under presumptively unjustified circumstances are conduct that creates an unjustified risk of death, and the actual driving and shooting is the intentional ignnoring of that risk.

Increasingly, however, I see trials in which prosecutors are trying to cast the next of recklessness in a far wider fashion–and that includes this trial of Kim Potter.

A curious facet of the Potter trial is that it is undisputed that she never intended to create an unjustified risk of death, and never intentionally ignored the risk of which she was unaware. Nobody was more surprised than Potter when she pressed the trigger of her weapon and she heard a gunshot fired–she having mistakenly presented her Glock 17 9mm pistol instead of the Taser shock device she had intended to use.

Lacking the intent to either create an unjustified risk of death or to ignore that risk unknowingly created, Potter’s conduct might well seem negligent, and thus grounds for civil liability, but not reckless in the technical legal sense.

 
It isn't manslaughter according to the legal definition of manslaughter ......

Both of the crimes charged are predicated on a mental state of recklessness. That is, prosecutors do not claim that Potter intended to shoot Wright. Rather, they argue that by drawing her Glock 17 from the holster on the right side of her duty belt in place of the Taser placed, as required, on the left side of her duty belt, Potter created an unreasonable risk of causing death or great bodily harm, and consciously disregarded that risk.

The degree of risk being deadly in nature and the conscious disregard of that risk differentiates recklessness from mere negligence. Where recklessness is a valid basis for a criminal charge, as in this case, mere negligence would warrant only a civil suit for damages and not create criminal liability.

I expect that Potter’s legal defense will be either that her conduct was at worst mere negligence so that there ought to be only civil and no criminal liability, or even that her conduct qualifies as a genuine accident to which neither civil nor criminal liability attaches. Accident is a genuine legal defense, much as self-defense is a genuine legal defense.

That is why they are charging and trying her for Second Degree Manslaughter under Minnesota Code 609.205, which can be charged under any of 5 different reasonings:

609.205 MANSLAUGHTER IN THE SECOND DEGREE.​

A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or


I will skip the other 4 as they do not seem to be applicable, but the statute is no written such that all 5 situations be satisfied, hence the reason for the "or" at the end of each one, except the last one, which ends with a (.) period.

 
No...they don't......Daunte Wright was a criminal fleeing lawful arrest and putting the lives of at least two officers in danger.......he was attempting to drive his car with two officers halfway in the vehicle.......
Maybe you'll be called to testify, or you could submit an animus curiae brief. I won't be attending and will go along with the jury, just as I go along with the state's right to charge under whatever statute they see fit, under the laws of their state and then prove in a court of law, before a judge in good standing.
 


thier going back and fourth in this trial. its beleived deadly force was justifed by the cop.
 
I think this woman genuinely made a tragic mistake.
She'll likely pay dearly, maybe some extended jail time, as well as her life being ruined.
It's an unfortunate situation that had Wright not attempted to escape, he'd likely be in prison but he'd be alive.
He would not have been put in prison for an expired tag.

She ruined her own life.
 
well theri like 4 or five civil suitsd against wrights estate. all the people he enjured with his gang banging.
Wright was no gang banger.

Here we go with the racists trying to justify this killing.
 
~~~~~~
It's sad when the Left makes a tragic accident into a murder. Yes, she was negligent in this case and should be punished, but the PM/DSA Dem Commies are making too much of it.
No they aren't. Shots did not have to be fired.
 

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