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Ex-Brooklyn Center officer charged with manslaughter in Daunte Wright's death, released from jail on bond
Potter had been with Brooklyn Center Police for 26 years before she submitted her resignation on Tuesday ....kstp.com
"Sources tell 5 EYEWITNESS NEWS that the Washington County Attorney's Office will charge former Brooklyn Center Police Officer Kim Potter with second-degree manslaughter on Wednesday in the death of Daunte Wright. The Washington County Attorney's Office is handling the case at the request of the Hennepin County Attorney's Office so that there would be no potential conflict of interest."
This is actually great news for those who felt the officer did nothing wrong... because it is highly unlikely that any person who makes it onto that jury would find her guilty of 2nd degree manslaughter.....at best, she should have been sent back to "How To Tell My Taser From My Gun" retraining.....and then promoted to Captain.
Manslaughter is appropriate because she shot and killed someone using the TASER procedure of warning, not the procedure for warning with a loaded gun before firing.
If she had followed police procedure for warning and firing a weapon to disable someone, or shooting to kill according to law enforcement procedures, then killing him in the process of established police procedures would be his fault for not following orders and not complying with the procedures.
So accidentally killing someone by negligence in botching the procedures is either negligent homicide or involuntary manslaughter, depending on local laws.
This is closer to the case of Amber Guyger shooting Botham Jean to death by negligence. But she admitted she shot to kill so she got murder charges and conviction.
In this case it was negligence, but no intent to kill. Negligent homicide and involuntary manslaughter would apply, depending on state laws that vary in definition and application.
Part of the reason this man fled was the warrant against him was serious, and he was facing detention that could keep him in jail for months while his case is pending.
It wasn't just fear of being profiled or abused by police.
If you add this factor into the equation, it skews people's perception and judgment.
If you take it out, and only look at the officer's actions, where she warned everyone that a TASER would be used but instead pulled a loaded gun and shot him in the chest or heart, that is negligent and resulted in homicide or manslaughter.
Police like any other profession are allowed some room for error where you can correct the problems caused. If a high speed car chase causes death or damage, you blame the person evading arrest if it was warranted and the chase was within policy.
Here this wasn't policy but the officer made a physical error. Had it cost damage to property, the police would have to pay the owners. Here, the mistake cost this man his life.
Had the officer used the TASER correctly and it still killed or injured him, it could still be damages owed if the TASER malfunctioned.
It was still his responsible for evading arrest, and having a warrant out. Had he turned himself in before this, he could have prevented this far in advance.
But shooting the gun was not the legal procedure, so that isn't the same as using legal force and the person agreeing to take the risk.
Had he been armed, yes he takes the risk of armed confrontation and dying.
At the point where he was evading, unless you count the warrant for robbery and assault as "proof that he imposes a deadly threat" (this was just a warrant not a conviction that can be used as proof), even the officer determined TASER use was appropriate. If a gun was all they had to stop him at that point, they would shoot his tires or at worst his leg to stop him, and that would require different verbal warnings.
