Trial of Kim Potter (Daunte Wright Shooting)

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Sergeant Michael Johnson.

Sergeant Johnson was Kim Potter's supervisor on April 11th.

They worked in the same department since 2005 but never actually worked together until 2019, as he worked nights up until then.

He left the police department & moved to another department October 2021.

He testifies he recieved Taser training since 2002, before becoming an Officer in 2005.

As part of training officers are voluntarily shot with a Taser.

He has also been inadvertently shot by his partners with a taser during active duty.
.......

Turning to the events of April 11th

He responded to the call from Officer Luckey to the traffic stop, he knew Luckey was in training with Potter.

When he reached Luckey's squad car he spoke to Potter & learned Mr Wright had a warrant, gross misdemeanour weapons violation.

When approaching Wright's car he approached the passenger side.

It was customary for Potter to be stood back in her role as an FTO.

............

When he saw Wright resist he opened the passenger door, he leaned in across the passenger & put his hands against the ignition & the gear shift.

He pushed the lever toward the park position, he can't remember if the engine was running, he was attempting to turn the vehicle off.

When Wright re-entered he presumed he was going to drive away, he held onto Wright' right arm.
He didn't know what Potter or Luckey was doing.

He heard Potter say I'll tase you, he heard the taser command & let go of Wright, he saw Wright go for the shift knob & started backing out of the vehicle.

He did not got to the crash scene because he saw the other Officers car arrive at the crash scene.

He reported shots fired & requested additional vehicles to the area.

As involved officers they couldn't leave the scene.

He requested other supervisors from other agencies to the scene (as he could no longer supervise due to involvement)

He testifies he doesn't remember saying that Daunte was trying to drive off with him in the car.

He swapped guns with Potter to preserve evidence. (on video)

Later he took his weapon back & all the ammunition when told by another officer that Potter may attempt to kill herself.

He was taken back to the station by an officer from a different department & then met with another investigating law enforcement agency to give a statement.

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In the aftermath of the shooting Potter requested Johnson call her union rep.

This has been objected to & dismissed as evidence, but the jury still got to hear it.

Cross examination on this witness will be critical to Potter's defence.

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Cross Examination.

Agrees that Mr Wright does not stop resisting arrest during the incident.

Agrees when he heard 'Taser Taser Taser' Mr Wright had made no attempt to stop resisting.

He was disorientated when he got back out of the car.

Agrees that if Mr Wright had taken off with him in the car, he could possibly be killed.

Agrees that by state statute Potter, in that instance, would have a right to use deadly force.

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Lawful unintentional use of deadly force!

Interesting.

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On redirect.

He was in passenger side when Potter fired, he was a foot away from Wright, Wright's passenger was underneath him. (implication being unsafe to apply deadly force)

Was not dragged by the car.

Stood up after incident.

Feet were against kerb.

Car did not move until after Wright was shot.

Mr Wright tried to grab shift knob, he was able to prevent it.

Leant against passenger to prevent her getting involved.

There is no training on entering cars that might flee.

Was taking a risk entering car, alleviated risk by moving shift knob.

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Agrees that a fleeing car can be considered a weapon.

Never had specific training on shooting into vehicle.

Brooklyn centre has policy against using a taser on someone driving a vehicle.

Agrees, vehicle was not moving when Daunte Wright was shot.

Testimony ends.

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Chief Tony Gruenig, supervises officers & sergeants.

Recieved despatch at around 2:15 of officer involved shooting.

Contacted SGT Johnson, who informed him of the involved officers (only Potter & Luckey) & that Mr Wright deceased.

Arrived at scene around 2:40.

Only then learned that Johnson was an involved officer.

Spoke to Johnson, discussed incident, doesn't know why Johnson hadn't already left the scene.

Contacted BCA to report to crime scene around 2:45

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Chief of Bureau of Criminal Investigations.

Arrived at scene at 3:45

Has details of the crime scene & investigation, collects officer training records.

Has nothing of direct relevance to the charges against Potter.

Trial resumes 3pm GMT Monday.

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EXPLAINER: What's behind dual defense in Potter trial?

Defense lawyers for suburban Minneapolis police officer Kim Potter say she made a mistake when she drew her handgun instead of her Taser and fatally shot Daunte Wright.

Lawyers for the suburban Minneapolis police officer on trial for killing Black motorist Daunte Wright are arguing that she made a mistake by drawing her handgun instead of her Taser before she fatally shot him. But they're also arguing that she would have been justified in shooting him anyway.

Legal experts and attorneys following the case say it can be a bad idea to offer two defenses that may seem at odds — but not in this case. Lawyers for former Brooklyn Center Officer Kim Potter — she resigned two days after killing Wright — have said repeatedly that Potter didn't consciously intend to pull her handgun from her holster. Their other argument is that Potter, 49, was entitled to use deadly force in order to prevent the 20-year-old Wright from driving off and potentially dragging one of her fellow officers with him.

"There’s an old saying with attorneys that the only thing worse than one bad defense is two defenses,” said Joe Friedberg, a Minneapolis defense attorney who isn't involved in the case. “Ordinarily, one defense detracts from each other, but I don’t think this one does.”

Friedberg said the defense team would have to use careful wording so as not to confuse or frustrate the jury, but that the two defense arguments are consistent with one another and could provide multiple rebuttals to the charges.

Prosecutors are trying to convict Potter of first- and second-degree manslaughter. The most serious charge requires prosecutors to prove recklessness, while the lesser requires them to prove culpable negligence, meaning that Potter “caused an unreasonable risk and consciously took a chance of causing death or great bodily harm” to Wright.

Potter, who is white, killed Wright, who wasn’t armed, during an April 11 traffic stop in Brooklyn Center in a shooting that was recorded by police cameras.

“The theory of the defense is that it was a mistake. The evidence shows that clearly,” said Joseph Daly, an emeritus professor at Mitchell Hamline School of Law.

Right after the shooting, Potter is captured on body camera footage saying “I just shot him. ... I grabbed the wrong (expletive) gun!”

But Daly pointed out there was a problem with solely relying on that argument because police department policy bars officers from using a Taser on someone who is driving a vehicle, so Potter could still be found reckless or culpably negligent.

“How do you deal with that reality?” Daly said. “If you are trying to stop a fleeing felon or trying to save the life of a person, then you can shoot him. You have permission under the law to shoot him.”

In court, Potter’s attorney Paul Engh has asserted that the other officers who were trying to arrest Wright were partially in the car as he attempted to drive away.

“You’re in a vulnerable position if he drives away? If he takes off, you could be seriously injured? Or die?” Engh asked one of the officers, Anthony Luckey, during cross-examination.

“Yes,” Luckey answered to each question. Another officer at the scene who was on the passenger side of Wright’s car, then-Sgt. Mychal Johnson, testified that he could have been dragged.

https://www.independent.co.uk/news/kim-potter-daunte-wright-lawyers-explainer-taser-b1974001.html?amp

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The total number of mistaken weapon incidents since the introduction of tasers isn't clear, although I've read that further research & documentation is now in process.

In some instances, officers will have drawn their guns (when intending to draw the taser) & realised their mistake before firing, or, weren't actually required to/didn't fire or missed the target in the instance, before finally noticing their error.

Daunte Wright's shooting is only the 4th fatal shooting involving weapon confusion, but there are several other instances of non fatal shootings.

Video: Deputy who meant to pull out Taser shoots teen (Non fatal)

https://www.cbsnews.com/news/video-deputy-who-meant-to-pull-out-taser-shoots-teen/

Deputies said Jackson struggled when they tried to place him under arrest. In the video, a deputy can be heard yelling, "Taser, taser," during the confrontation. Gillis can then be seen pulling out what appears to be a gun, before one shot is heard.

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Video: Brindley D. Blood, non fatal, mistaken weapon shooting of Akira S. Lewis.

https://youtu.be/0ctCi3H7WaE?t=426

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Early days yet I know, how do you see it going, also interesting two types of defence.

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Early days yet I know, how do you see it going, also interesting two types of defence.

The weapon confusion & right to use a taser in the situation make this a strange & interesting case.

I think she's going to be found guilty of something, but...

The use of the taser in the situation, whilst unwise according to the coming force expert testimony, it may not have actually been against department policy.

One of the other officers testified that he would have tasered Wright if he had the opportunity.

Department policy did not permit an officer to use force on a driver of a vehicle.

But, Mr Wright was not driving the vehicle when she intended to Taser him.
It can very reasonably be presumed he was attempting to drive, & then she may have been justified in using the Taser if she felt other officers were at risk had he started driving......and if that is the case then she could in theory also have used lethal force, according to the law?!

It really is a bizarre scenario imo

Kim Potter's witness statement & how that fits with her trial testimony is going to be significant.

If she didn't claim in her initial statement that she pulled the taser in fear for the other officers safety then the prosecution will easily win.

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The trial hasn't even tested the question with regard to her weapon handling being reckless.

If you have no idea you're holding a gun, are you reckless in firing it believing it wasn't a gun?

In all these weapon confusion cases the officer performs a swift reaction procedure in a tense situation.

An officer isn't trained to be looking at their holster before they pull their weapon, then look & check they have the right weapon. If they had to do that every time they pull a weapon they could be killed. They are focused on the detainee.

The prosecution make mention of Potter being trained in use of Tasers every year, but I've not seen how many hours training that actually included, & how much of that is physical & deploying tasers in pressure situations as oppose to sitting in a classroom.

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On the subject of weapon confusion.

In this case I find it interesting to note that during the incident Potter had Wright's expired insurance card (that wasn't in his name) in her left, taser hand.

It probably isn't usual for an officers left hand to already be occupied with something when they react to a situation & intend to pull a taser.

So perhaps, unconsciously, her brain detected her left hand can't be used to respond as it's doing something else, & so, her dominant more routinely used right hand takes over in response to the threat.