Posted on 12/20/2021 10:50:27 AM PST by L.A.Justice
Former Brooklyn Center police officer Kimberly Potter took the stand in her own defense on Friday, telling jurors her account of what happened on April 11.
Potter said, after Officer Anthony Luckey told Daunte Wright not to tense up, the stop "just went chaotic." Potter then said she saw fear in Sgt. Mychal Johnson's face like "nothing I've seen before" and then didn't realize she'd shot Wright until Wright yelled he'd been shot.
Potter cried as she discussed Wright's shooting and as the state later played segments of her body camera video. She also was asked if she would've pulled over Wright if she was alone and not with Luckey, and responded, "Most likely not there."
The state highlighted the extensive training she received over her career, the fact that she'd carried a Taser since 2005 and, except for a brief period when she first got the Taser, that she carried the Taser on her left side and gun on her right for over a decade. Assistant Attorney General Erin Eldridge also noted the de-escalation training Potter had, specifically since she worked as a crisis negotiator.
Potter cried frequently during cross-examination, at one point saying through tears, "I'm sorry it happened. I'm so sorry." As Eldridge said Potter knew deadly force was unreasonable and grilled her for not trying to provide aid or relay information to other officers, Potter replied, "I didn't want to hurt anybody."
The former officer also said she resigned from the department after shooting Wright because "There was so much bad things happening. I didn't want my coworkers and I didn't want anything bad to happen to the city."
Her testimony came after Laurence Miller — who has a doctoral degree in psychology and has specialties in forensic psychology, neuropsychology and police psychology — testified about action error and how someone can think they're doing one thing, like grabbing a Taser, when they actually do another, such as grab a gun, when under extreme stress. The state pushed back against his testimony by highlighting the extensive training officers receive to handle that stress and the measures taken — such as the differences between a Taser and gun and the sides they're carried on — to mitigate weapon confusion.
The defense rested its case just before 2 p.m. and, after Judge Regina Chu reminded jurors not to discuss or watch anything about the case, dismissed them for the weekend.
Court is scheduled to reconvene Monday at 9 a.m. when closing statements and final jury instructions will be presented before the jury begins deliberations.
Potter is charged with first- and second-degree manslaughter in Wright's death.
Click here to read more in-depth notes or watch Friday's proceedings.
“Thanks. I summed it up well.”
Wrong. Culpable Negligence.
Well, yes, but the legal sequence of events is critically important.
Legally, Police had probable cause to stop Wright, contact him and check his identity and driving record, issue a summons and impound the vehicle.
Once his records were known, Police had probable cause to remove Wright from the vehicle and search Wright and the vehicle.
Wright has no right to resist any of these activities, nor to drive away in the vehicle, or even walk away.
When Wright resisted being detained, Police use of compliance equipment was legal and within procedure. A Taser is part of that equipment.
Tasers are known to be Lethal and are approved for use by this Department. If Wright died from the Taser, Potter would be protected by Law, rules, and procedure.
Potter unintentionally selected the wrong weapon and unintentionally gave the wrong commands.
Potter should be punished only for those mistakes.
While the use of her Glock pistol may have been within Law, rules, and procedure, it could be characterized as irresponsible considering the physical positioning of fellow police officers and civilians, resulting in a similar punishment.
Lol, please stop. Watching you try to discuss the law is like watching a monkey try to hump a football. With cops hanging in his car window, how could the scofflaw reasonably expect to get away without, at least, causing serious bodily harm to at least one of the officers? That’s intent to assault a police officer.
BTW, pretty weak to cite the 1st degree statute, when the felony murder rule is included in 2nd & 3rd degree murder.
Watching you display your legal 'expertise' has been very amusing as well.
The long and the short of it is this officer killed someone where deadly force was not justified. Call it accident, call it incompetence, call it whatever you want, she deserves more than a slap on the wrist if she's convicted.
“and consciously
takes chances of causing death or great bodily harm to another”
The operative word being “and”
“The operative word being “and””
And she did.
Yep, a few bruises, maybe a black eye. But it would require no 120 lb chicks or overweight fatbodies as cops.
But she was still taking down a criminal who was attempting to flee. I do not believe she should be convicted.
We can argue whether it was consciously or not. My opinion, based on her behavior after the shot, is she used the gun thinking she held a taser. Her immediate reaction was shock when the gun was fired. I don’t think the prosecution proved she knowingly fired the gun.
Nice opinion. That’s what you emit when you lose an argument. I made no assertion as to what should happen to Ofc. Potter; I only replied to, and refuted, your inapt hypothetical.
“is she used the gun thinking she held a taser. “
Reasonable caution would be to verify it is a Taser before pulling the trigger. Tasers have safeties, Glocks don’t.
Tasers are yellow, Glocks are not yellow.
BTW, for the record, you are worrying about the fate of a fugitive, one who was charged with choking and robbing a woman. And of course, as usually happens, he resisted and attempted to flee because his bail had been revoked, and he would be going to jail. And, this time, not getting out on bail. So, another scumbag you support. Civilization: It’s an either/or function. I know what you choose.
She panicked.
“But she was still taking down a criminal who was attempting to flee. I do not believe she should be convicted.”
USSC 1985 Tennessee vs. Garner
her honest reaction to the shooting says enough....it was an accident.....
“Potter then said she saw fear in Sgt. Mychal Johnson’s face like “nothing I’ve seen before” and then didn’t realize she’d shot Wright until Wright yelled he’d been shot.”
Johnson stated he had no fear. She panicked. Tunnel vision.
“it was an accident.....”
Culpable negligence. Even accidents can be prosecuted as Second Degree Manslaughter.
“her honest reaction to the shooting says enough....it was an accident.....”
Baldwin’s honest reaction to the shooting says enough....it was an accident.....
Potter: I thought it was a Taser.
Baldwin: I thought it was unloaded.
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