Author Topic: Trial of Kim Potter (Daunte Wright Shooting)  (Read 4838 times)

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Offline Wonderfulspam

Trial of Kim Potter (Daunte Wright Shooting)
« on: December 08, 2021, 08:18:25 PM »
Daunte Wright: Manslaughter trial of ex-police officer begins



Body Cam Footage, Daunte Wright Shooting.

https://www.youtube.com/watch?v=GTU9JFcB3mM


Opening statements have begun in the trial of a former Minnesota police officer who shot and killed a black motorist in April.

Kim Potter, 49, has said she mistakenly drew her gun instead of her Taser and killed 20-year-old Daunte Wright.

Ms Potter now faces first- and second-degree manslaughter charges for his death. Her defence team claims he was resisting arrest at the time.

Mr Wright's death sparked protests and clashes with police.

According to police officials, Mr Wright was pulled over for an expired tag on his car's licence plate when he was driving in Brooklyn Center, a Minneapolis suburb. His family, however, has suggested that he was being racially profiled when police stopped him.

Body cam footage released after the incident shows Mr Wright attempting to flee from police after they told him he faced arrest for an outstanding warrant. He had missed a court date for two earlier misdemeanour charges.

Ms Potter can be heard repeating the word "Taser" several times before firing a shot from her pistol.

In court on Monday, Assistant Minnesota Attorney General Erin Eldridge argued that Ms Potter - a 26-year veteran of the department - should have known the difference between a pistol and a Taser.

The loaded pistol weight more than twice that of the Taser, Ms Eldridge said, adding that prosecutors believe Ms Potter failed to live up to her sworn duty as a police officer.

"This case is about an officer who knew not to get it dead wrong," Ms Eldridge said. "But she failed to get it right."

The case is about Ms Potter's alleged "recklessness and negligence" she said.

"Evidence will show she flouted her training and flouted [department] policy," Ms Eldridge told the jury.

The former police officer's lawyer Paul Engh argued that Mr Wright's actions led to the incident, which the defence has argued was an accident, not a crime.

"All he had to do was surrender, but that wasn't his plan," Mr Engh said. "He continued on with the struggle".

Ms Potter sought to tase Mr Wright because she feared "he was going to kill her partner" the lawyer said.

"This is an accident. She is a human being," he said. "But she had to do what she had to do to prevent the death of a fellow officer."

Under Minnesota state law, a person can be found guilty of second-degree manslaughter if it is proven that they demonstrated negligence by creating unreasonable risk and "consciously take chances of causing death or great bodily harm" to another person.

Mr Wright's death on 11 April 2021 came amid already heightened tensions in the Minneapolis area during the trial of Derek Chauvin, the police officer later convicted of murdering George Floyd, an unarmed black man.

https://www.bbc.co.uk/news/world-us-canada-59572664


Opening statements & first witnesses give testimony today.

WATCH LIVE: Trial of Kim Potter, ex-officer who killed Daunte Wright — Day 1

https://www.youtube.com/watch?v=mG0jnrraf8M

« Last Edit: December 08, 2021, 08:57:48 PM by Wonderfulspam »
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #1 on: December 08, 2021, 08:39:29 PM »
The media initially reported Mr Wright may have been stopped because of an illegal Magic Tree hanging from his rear view mirror (and possibly driving whilst black).

Daunte Wright shooting: How air fresheners became ‘pretext’ for police to stop Black drivers

https://www.independent.co.uk/news/world/americas/air-freshener-police-stop-daunte-b1830334.html

The defence argument will be....(I believe)

Mr Wright was in fact stopped because officer Anthony Luckey (driving) had noticed Wright's vehicle indicating the wrong way in the wrong lane, they continued to drive behind him, then noticed his air freshener, so he then ran the license plate & found it was expired.

Mr Wright stopped his vehicle, wound down his window to speak to Officer, Luckey who then noticed the smell of cannabis.

Mr Wright was compliant, giving his name, when his name was checked he had no driving licence & a warrant out for his arrest. (Wanted for gross misdemeanour weapons violation)

When Mr Wright resisted arrest, re entering his vehicle, the police had no choice but to continue attempting to detain him.

Officer Johnson claims he had opened the passenger side door, leant into the vehicle & held onto the gear lever so Wright couldn't drive away.....(This is potentially a very crucial point in defence)

« Last Edit: December 10, 2021, 05:41:48 PM by Wonderfulspam »
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #2 on: December 08, 2021, 08:46:28 PM »
(cont)

Officer Johnson was now partly inside the vehicle.  Had Wright continued to resist arrest & managed to drive away,
Officer Johnson would likely have been dragged by the vehicle.

So, now there is the situation that it could be argued defendant Officer Potter had little choice but to Taser him to protect Officer Johnson at that moment.

As it happens, in that situation (imminent threat of officer being dragged to death) lethal force, although unintentional, could potentially be justifiable!
« Last Edit: December 09, 2021, 09:25:13 AM by Wonderfulspam »
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #3 on: December 08, 2021, 11:17:41 PM »

Kim Potter in her 26 year career had never fired her gun or taser whilst on active duty.
(From the defence opening today)

Potter had never been disciplined in her 26-year career and only once recieved a verbal reprimand in 2007 for writing about squirrels while on an anti-robbery detail.

https://www.startribune.com/kim-potters-decision-to-testify-a-bold-but-effective-strategy-defense-attorneys-say/600123819/
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #4 on: December 09, 2021, 06:37:49 AM »
Legal Analysis Of Day One.

Judge Declines to Define Law & Defense

IS JUDGE CHU, LIKE WALMSLEY, NOT WILLING TO MAKE TOUGH CALLS ON LAW?

https://www.youtube.com/watch?v=26bvEeKC3f0
« Last Edit: December 09, 2021, 06:42:13 AM by Wonderfulspam »
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #5 on: December 09, 2021, 06:56:40 AM »
Daunte Wright robbery victim recounts 'evil' deed in exclusive first interview


At the time of his death on April 11, 2021, Daunte Wright had pending robbery charges for allegedly holding a woman at gunpoint and demanding $820 in cash she had to pay her rent.

MINNEAPOLIS – EXCLUSIVE: Struggling with loss, she moved out on her own at 18, got a job and did her best to make ends meet – until Daunte Wright showed up in her Minnesota living room with a handgun and tried to steal from her.

"Everybody feels so horrible for this man, but no one takes the time to see how horrible of a person he was," says a Minnesota woman who police allege Wright choked and robbed at gunpoint.

At 15, a concussion ended her dreams of a soccer career.

Still in her teens, her father died. And she found out she needed brain surgery. After that, she said, she fell in with an abusive boyfriend.

By 20, she kicked him out and let a friend sleep in the living room of her one-bedroom apartment to help pay rent.

And then a high school acquaintance brought Wright over, and he allegedly shoved a pistol in her face, choked her and threatened her life in a failed attempt to steal $820 she meant to give to her landlord one day in December 2019.

 "What just blows my mind is that someone can literally strangle someone to where they can’t breathe, they can’t even gasp for air, because their airways are getting crushed," she told Fox News Digital in her first news interview. "No one should have to go through something like that and then have to accept death at 20 years old – looking into somebody’s eyes while they are holding a loaded gun to you."

The victim, now 22, asked Fox News Digital to withhold her name, although she was comfortable speaking about the incident on camera and said it was OK to show her face.



Wright’s friend, Emajay Driver, had reached out to her over Snapchat. They decided to hang out at her apartment with her roommate.

Two young men arrived and the group drank alcohol and smoked marijuana. As the night went on, they got to talking, and she told the visitors about her abusive ex. They seemed supportive, she said.

"We had started talking, and [Wright] said that any man who puts his hands on a woman and abuses them deserves to rot in jail," she said.

That discussion left her feeling comfortable around the two – for a little while, she said.

When the women got tired and asked Wright and Driver to leave, they said they had to call a ride.

At one point, the duo said it came, according to their victim. But they went out and came back with food: "DoorDash or something like that," she said.

"And then I offered them, ‘OK, do you need ketchup?’ Because they're eating," she said. "So I was being nice, and I was going to get them water, doing what a host would do."

"Do you need a plate? And then I was like, ‘What about the ride?’" she recounted. "‘Oh, that person's not giving us a ride.’"

The snow was coming down hard, she said, so she let them stay over.

They kept their distance and behaved appropriately, she noted, making no advances overnight.

"I was like, ‘Wow, he's respectful,’" she said. "I'm thinking all these guys are actually nice."

That perception changed the next morning.

Her roommate handed her half of their rent money, she said. She put it with her part in her wallet – but for some reason, she said, she got the idea to hide it somewhere else.

"Something told me to put my money in my bra," she said. "I pulled it out of my wallet, the $820, and I put it in my bra. I didn't put it directly down. I put it to the side, under and tucked in, just because if I was trying to rob somebody, it would be a lot harder… what I thought would be the safest spot."

But Driver might've seen through the doorway, she said.

Her roommate left for work, and she got ready to go to her own job as Wright and Driver lingered in her living room, she said.

Wright said he had to go outside for a second, according to the criminal complaint. That’s when the victim believes he got a gun from an unnamed accomplice. He came back in and used her bathroom – and she said she heard the water running for an unusually long amount of time.

She said she went into the bathroom after Wright came out and noticed he’d emptied an entire bottle of hand sanitizer – and found a washcloth that reeked of rubbing alcohol. Possibly because of an urban legend that claims wiping down a gun with hand sanitizer will prevent fingerprints from being left on the surface.

He also told Driver they should "hit some stains," according to court documents, which authorities explained is slang for robbing people.

While in the bathroom, Wright took a short selfie video that shows himself playing with a black and silver handgun. Police later found it on his phone, according to an arrest warrant, and Fox News Digital obtained it exclusively earlier this year.

When the victim went to leave for work, Wright and Driver blocked her, according to court documents and her own recollection of the morning.

"DEFENDANT WRIGHT turned around and blocked the door, preventing VICTIM from leaving," the warrant reads.

Then he allegedly whipped out a black handgun with silver trim and pointed it at her head.

"Give me the f---ing money," he told her, according to the warrant. "I know you have it."

She froze.

"There’s something about him, where it’s like, you look into his eyes and it’s so evil," she said Monday.

When she refused to comply, she said he closed his fingers around her throat.

"That person was evil, and he didn’t care about me in that moment," she said. "It doesn’t make sense to me. Just go out and get a job."

Driver allegedly stood at the door for most of the ordeal, blocking the victim's escape.

At one point, after Wright allegedly tore up her shirt trying to fish out the cash, she said in a panic she believed the money had fallen out. She searched the floor and screamed, hoping to alert her neighbors.

When the two men left, she thought they'd taken the money. But she later found it, still tucked away in her bra.

Driver pleaded guilty to a first-degree aggravated robbery charge in connection with the case, court records show. It was his second felony conviction – but he wound up on probation.

A woman who answered the door Tuesday at an address listed for him said he no longer lived there.

Upon Wright’s death, his charges were dismissed.

"If he wouldn’t have gotten released on bail, he would still be alive," the robbery victim said.

On April 11, 2021, police in Brooklyn Center, Minnesota, pulled Wright over for expired tags – initiating a traffic stop that would end his life and force one of the officers involved to resign from duty. That officer, Kim Potter, is now on trial for manslaughter at the Hennepin County Courthouse in downtown Minneapolis.

Wright had an outstanding warrant on a firearms charge at the time, after allegedly waving a pistol in public and running from responding officers, violating the terms of his release.

Video from Potter’s bodycam shows Wright surrounded by police officers. He broke free from their grip, jumped into the driver’s seat of his car and shifted it into gear.

Potter warned him she would use her stun gun to try and stop him.

"Taser! Taser!" Potter yells in the video, although she draws her handgun and fires a single shot, which struck Wright. She has maintained that she meant to use her Taser and shot him by accident. The car crashed up the road. Wright died and a passenger, girlfriend Alayna Albrecht-Payton, was injured.

Potter originally faced a second-degree manslaughter charge, but Minnesota Attorney General Keith Ellison later announced an additional first-degree manslaughter charge. A conviction on the more serious offense would carry a maximum penalty of 15 years in prison.




Potter’s defense attorneys have argued that the shooting was an accident.

"The State can’t prove any offense by playing the video, which shows an accident," her defense attorney, Paul Engh, wrote in a court filing ahead of the trial. "The prosecution can’t win on Officer Potter’s shouts of ‘Taser, Taser, Taser,’ words meaning she was going to use her TASER, so as to not harm Mr. Wright. Nor for reasons of her enormous after-the-fact regret of what could not have been a conscious act."

Wright's estate is facing three posthumous lawsuits alleging belligerent criminal behavior, one from the woman and two others from young men he was accused of victimizing in other ways. One got shot in the leg during a carjacking in which Wright allegedly played a role. The other was shot in the head and is now suffering from unresponsive wakefulness syndrome – unable to walk, talk or care for himself.

The whole saga left the victim traumatized, she said, constantly having to relive that morning whenever she saw Wright's face on TV in the break room at work or elsewhere.

She supports Black Lives Matter, she said, enough to have been marching across the bridge during the George Floyd protests last summer. But she also believes that Potter shot Wright on accident.

"It’s ironic that he died the way he could’ve killed me – having a gun pointed toward him, whether it was accidental or not accidental," Wright’s robbery victim said. "It just it made me start to think, how many more people could he have almost killed?"

The legal team for Wright’s family, led by civil rights attorney Ben Crump, described the litigation as "character assassination."

As to Wright’s character, his victim said he died before he could have made something of it.

"I hate that he didn't get that opportunity to be able to own up to his actions and deal with the consequences," she said. "To say he was a good person, I don't even know how you can say he was a good person."

https://www.foxnews.com/us/kim-potter-trial-daunte-wright-robbery-victim-interview
« Last Edit: December 09, 2021, 06:59:49 AM by Wonderfulspam »
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #6 on: December 09, 2021, 07:14:49 AM »
Officer Luckey, Prosecution witness, said under cross examination that he too would have attempted to taser Mr Wright had he the opportunity during the incident.

Mr Wright was not in control of the vehicle at the time & taser deployment in that situation would be permissible according to their training.

The defence is expected to call the former chief of police, he too is expected to testify that not only was the use of a taser justifiable, but also, that in the situation...(wanted suspect resisting arrest, putting another officers life at risk)......Lethal Force, not just a Taser, would also have been permissible.
« Last Edit: December 10, 2021, 05:42:16 PM by Wonderfulspam »
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #7 on: December 09, 2021, 09:53:57 AM »
Immediately after the shooting Officer Potter realises her mistake & is clearly shocked.

She lay on the ground screaming 'oh god' before later saying 'I'm going to prison'.

Officer Luckey attempts to console her, patting her on the back telling her 'no you're not'.

Officer Johnson tells her 'Kim, that guy was trying to take off with me in the car'.

Officer Johnson is expected to give evidence today & his body cam footage will finally be released.

This will either confirm or refute his claim he was leaning into the car when Officer Potter attempted to Taser Mr Wright.

Kim Potter's reaction after the shooting:
(6:28:00)
https://youtu.be/mG0jnrraf8M?t=23282

« Last Edit: December 09, 2021, 09:57:59 AM by Wonderfulspam »
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #8 on: December 09, 2021, 12:02:50 PM »

A use of force expert is due to give evidence in prosecution that in his opinion the use of a firearm was 'objectively unreasonable' & even the use of a taser 'unwise'.

The charges & descriptors are as follows:

First-degree manslaughter

“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.”


Second-degree manslaughter

Culpable negligence, “caused an unreasonable risk and consciously took a chance of causing death or great bodily harm”.
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #9 on: December 09, 2021, 12:28:42 PM »

Trial Resumes at 3:00pm.

According to the prosecution, records show Officer Potter did not spark test her Taser for two days prior to the shooting, which was a procedural requirement.

This shows further negligent handling of weapons.

Wouldn't want to be Kim Potter, or on the jury either.
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #10 on: December 09, 2021, 12:32:10 PM »

As ex-officer faces trial in Daunte Wright killing, many worry systemic change unlikely


https://www.youtube.com/watch?v=ZMMD64sTE8s
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #11 on: December 09, 2021, 03:04:08 PM »

WATCH LIVE: Trial of Kim Potter, ex-officer who killed Daunte Wright — Day 2

https://www.youtube.com/watch?v=V6wgtiJie_c
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #12 on: December 09, 2021, 03:40:55 PM »

Daunte Wright's passenger in the vehicle was the first to give evidence this morning.

She claims Daunte was nervous & scared which was why he was reluctant to exit the vehicle.

She seems to have little to no recollection of what happened in the car, (or the state didn't want her to talk about it) making no reference to what happened in the vehicle with regard to Officer Johnson who was supposedly leaning right over her.

She does remember detail about the moments after Mr Wright had been shot & his vehicle crashed.

She was injured in the crash, cutting her lip & ear requiring stitches, a fractured jaw which had to be wired & concussion.
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #13 on: December 09, 2021, 04:00:08 PM »

Under cross examination she testifies that on the morning of the incident both she & Mr Wright woke up around 10am.

They smoked a joint then around 11am Daunte said they had to go to his mothers house for an unspecified reason.
(According to his mother he asked for $50 for fuel & a car wash)

She does not remember if Daunte started the car or if the car was already running when he was shot.

The cross examination was short & the issue around Officer Johnson was never raised.

Under redirect, on her best recollection she claims the car was still running.
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #14 on: December 09, 2021, 04:22:21 PM »

The 4th state witness, Patricia Lundgren (84), was driving a car with her husband Kenneth (86) that Daunte Wright's car collided with following the shooting.

At first Mrs Lundgren seems quite hard of hearing but is able to hear & answer subsequent questions well.

She saw Daunte's car headed toward her, his vehicle then cut in front of her & hit her car.

She had attempted to avoid him. (They appear to have collided almost head on, the front end was totally caved in)

The crash caused their airbags to inflate & she heard her husband moaning.

She was uninjured & able to get out but her husband sustained injuries.

Mr Lundgren was dazed, his head hurting.

An officer at the crash scene instructed them towards him.
(From the Officers body camera they have no visible injuries)

She said they had to wait quite a while before being seen by EMT's.

They spent several hours at the police station before being taken home.

They went to hospital the day after, Kenneth spent time in Hospice care, he has cognitive issues which Mrs Lundgren claims she hadn't noticed before the accident.

But she also agrees the accident did not cause his health issues but exacerbated them.
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