Author Topic: Trial of Kim Potter (Daunte Wright Shooting)  (Read 4475 times)

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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #15 on: December 09, 2021, 04:38:15 PM »

5th Witness.

Mrs Lundgren's daughter did not see the incident.

She gives brief testimony that her father's condition has been worsened by the crash.

Her father had a brain bleed some 20 years prior, he recovered but not totally, he had some cognitive function issues.

Prior to the accident he had still been able to drive, after the accident his reasoning & articulation worsened.

He's now unable to swallow pills & is incontinent.

(From her testimony & my knowledge of the illness he appears to be suffering from dementia)
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #16 on: December 09, 2021, 05:19:00 PM »

6th Prosecution Witness.

Kerry Blanski, she lived in a house near the crash site.

She & her husband heard the crash, went out to investigate & witnessed an officer with his gun drawn so they stayed back.

She describes the crash scene, her home security also captured a partial view of the crash.
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #17 on: December 09, 2021, 05:57:19 PM »

7th Prosecution Witness

Officer Alan Douglas.

He is a Field Training Officer (the same as Kim Potter)

He briefly mentions the medical qualifications FTO's have & regularly utilise.

He worked with Kim Potter who was President of Police Union.
...........

Turning to the events of April 11th at 2pm he was on a lunch break, he heard over the radio that officer Luckey had initiated a traffic stop.

Officer Douglas decided to head to the scene.

He did not make it to the traffic stop as from around 2 blocks away he saw a white vehicle heading toward him & witnessed the crash.

He called for back up & ambulances.

He testifies that he recieved no information that Daunte Wright had been shot by Kim Potter & recieved no radio call relaying any details from Officers Luckey, Potter or Johnson.

He therefore had to respond with his gun drawn & treat the scene as if a gun may be present.

When more officers responded they were eventually able to approach the car.

There was a delay of between 5 to 10 minutes before they could approach Mr Wright's car & attempt to administer aid.

Officer Douglas provided other Officers with his medical bag & was then ordered to secure the scene.

He later learns Mr Wright had been shot.

He briefly spoke to Mr Wright's parents who had arrived at the scene.

It was only from discussion from her that an Officer had shot Mr Wright.

He was ordered to return to the Police station & be isolated as a potential witness.

He was escorted by an Officer Irish to a meet a lawyer & make a statement as per department protocol.

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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #18 on: December 09, 2021, 06:18:00 PM »

There was confusion & a significant delay before Officers could attempt to help Mr Wright because Officers Luckey, Johnson & Potter did not report that Mr Wright had been shot by Potter.

This is going to be a problem for Kim Potter in cross examination & potential mitigation.

Although it's highly unlikely Mr Wright could have been saved, attempts could have been made to help him sooner.
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #19 on: December 09, 2021, 06:33:41 PM »

Under cross examination, Officer Douglas testifies that responding with his weapon drawn was standard procedure & that the passengers repeated delay in exiting the vehicle when ordered also hindered his attempts to approach the scene.




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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #20 on: December 09, 2021, 08:06:28 PM »

8th Prosecution Witness

Officer Daniel Irish.

Another Field Training Officer from a neighbouring county.

He heard a call of shots fired on the radio & headed to the location.

He then arrived at the crash scene to find other officers with guns pointed at Mr Wright's car.

After approaching the car he found Mr Wright slumped over & unresponsive in the car.

Another Officer dragged Mr Wright from the car & away from the vehicle onto grass.

He assessed his injuries & located a single gun shot wound, he found no other injuries.

He applied a chest seal to Mr Wright, found he had no pulse & then attempted to use a defibrillator.

He & other officers administered CPR, some minutes later paramedics arrived.

After a time an EMT advised them to stop & Mr Wright was pronounced dead.

Officer Irish then accompanied another officer to the station.
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #21 on: December 10, 2021, 06:04:32 AM »
Two EMT's gave further evidence of the details of the crash site.

The Prosecution spent the day calling witnesses from the crash scene & not witnesses to the shooting itself.
The evidence presented was largely irrelevant to the charges against Potter & the actual shooting.
It did, however, allow the prosecution to repeatedly show Mr Wright's lifeless body to the jury.

Day 2 ended.

Trial Resumes 4pm GMT Today.

Law of Self Defence
Daunte Wright Shooting Trial Day 2: Judge Denies Defence Request for Mistrial

https://www.youtube.com/watch?v=D28dynmTSms

« Last Edit: December 10, 2021, 06:18:59 AM by Wonderfulspam »
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #22 on: December 10, 2021, 11:45:03 AM »

'I wouldn’t change anything'

Former Brooklyn Centre Chief of Police Tim Gannon on the firing of Kim Potter, handling of Daunte Wright killing.

https://www.youtube.com/watch?v=h6WRFxrND0w

Tim Gannon is expected to give evidence in defence.
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #23 on: December 10, 2021, 02:17:38 PM »

Some other instances of mistaking a gun for a Taser.
...................

The shooting of Eric Harris occurred on April 2, 2015, when 44-year-old African-American Eric Courtney Harris was fatally shot during an undercover sting in Tulsa, Oklahoma, as Harris ran from authorities unarmed.
 
While Harris was being subdued, Tulsa County Reserve Deputy Robert Charles Bates, 73, confused his personal weapon, a Smith & Wesson .357 revolver, for a Model X26 Taser.

Bates shot Harris in the back when he was on the ground. According to the Tulsa County Sheriff's office, he immediately said afterwards, "Oh, I shot him! I'm sorry."

Bates was found guilty of second-degree manslaughter (unintentional homicide resulting from criminal negligence) and sentenced to four years in prison, and was released after serving 18 months.

https://en.wikipedia.org/wiki/Shooting_of_Eric_Harris
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #24 on: December 10, 2021, 02:23:18 PM »

Shooting of Oscar Grant

Early on New Year's Day of 2009, Oscar Grant III was fatally shot by Bay Area Rapid Transit officer Johannes Mehserle, who was detaining the young man with others after a reported fight on the train.

At his bail hearing in late January 2009, Mehserle said that he had intended to use his Taser, but inadvertently grabbed his pistol instead.

In 2010 a jury convicted Mehserle of involuntary manslaughter, acquitting him of charges of voluntary manslaughter.

https://en.wikipedia.org/wiki/Shooting_of_Oscar_Grant
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #25 on: December 10, 2021, 02:29:25 PM »

In 2019, a New Hope, Pennsylvania police officer shot and wounded an unarmed man in what he says was a mistaken use of his gun. Like Potter, he yelled “Taser” before pulling out his gun and shooting the man in the stomach. The victim was in critical condition following the incident. The Philadelphia Inquirer reported that the officer violated a New Hope department rule that mandates that stun guns be worn on the opposite hip from a firearm. This officer wore his stun gun on his right side in front of his firearm, according to the police.

Though the officer violated policy, District Attorney Matthew Weintraub said he did not violate the law, claiming it was “was neither justified, nor criminal, but was excused” in a letter to the New Hope police chief. The officer was not charged with a crime.

https://abcnews.go.com/US/daunte-wright-shooting-officers-mistaken-guns-stun-guns/story?id=77049415
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #26 on: December 10, 2021, 02:30:40 PM »
In May 2018, a Kansas police officer was initially charged with aggravated battery after she shot a Black man following a traffic stop. He was wounded in his back and later taken to a hospital. Then-Lawrence Police Department officer Brindley Blood also yelled “Taser” before firing her gun at the man, who had hit and slammed an officer to the ground using his body. The rookie police officer told investigators she had meant to use her stun gun. Criminal charges were later dismissed when a Douglas County judge ruled that the evidence didn’t prove that Blood reacted recklessly to the situation.


May 2018, a Southwestern Regional police officer in Pennsylvania, Stuart Lee Harrison, allegedly tried to use a stun gun against a subject’s thigh while he was handcuffed and instead shot him with a firearm. According to the York Daily Record, the arrestee was hospitalized and his condition was unclear. Harrison was charged with simple assault and the criminal case is ongoing, but he is free without bond. The police department disbanded in 2019.


There is no national data on these kinds of incidents, but law enforcement experts agree that mistaking guns for stun guns, while relatively rare, does happen.

An Americans for Effective Law Enforcement article from 2012 found nine more instances of these accidents between 2001 and 2009.

https://abcnews.go.com/US/daunte-wright-shooting-officers-mistaken-guns-stun-guns/story?id=77049415
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #27 on: December 10, 2021, 02:34:17 PM »
Slips and capture

Slips and capture is a type of error that may occur in high-stress situations. It has been described as a phenomenon in the psychology of human error, such that a person may inadvertently perform one action while intending to do another.

The term "slips and capture" became more widely known in the early 21st century in the United States, after being referred to by law enforcement in two prominent fatal police shooting cases in 2009 and 2015. In both cases, the police officer claimed to have shot a suspect while intending to use a Taser.

The concept of "slips and capture" has been studied in the psychology of human error, and efforts to prevent error. It was thoroughly described in 1990 by James Reason.

The concept has been addressed in efforts to improve business, including computer and program design, and medical practices in order to avoid preventable error.

Both terms are used in error terminology: slips are defined as "errors in the performance of skill-based behaviors, typically when our attention is diverted;" and capture refers to "a type of slip where a more frequent and more practiced behaviour takes place when a similar, but less familiar, action was intended."

https://en.wikipedia.org/wiki/Slips_and_capture


Weapon Confusion and Civil Liability


This article briefly examines four lawsuits that addressed civil liability issues arising
from an officer’s weapon confusion, in two of which the suspect died. It also includes a
list of nine known instances in which officers drew and fired handguns while intending to
fire their Tasers. The article concludes by making some suggestions. It is followed by a
listing of some relevant resources and references

https://www.aele.org/law/2012all06/2012-06MLJ101.pdf
« Last Edit: December 10, 2021, 02:37:49 PM by Wonderfulspam »
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #28 on: December 10, 2021, 03:54:36 PM »


Analysis on Taser intention

Force Science explains "slips-and-capture errors"

And other psychological phenomena that drove the fateful BART shooting

Jul 22, 2010

......

Mehserle, testifying in his own defense at the trial, said he thought at that moment, This has to go quick.

“All his actions from that point forward—except one—are consistent with a Tasing intention,” Lewinski says. “Enhanced video frames show his hand canting and tugging at his holster at an angle that suggests a Taser-draw effort. He persists in this effort to the point that he defeats the restraints on his gun holster. His thumb then moves as if to arm the Taser, he backs up to create a better dart-spread, he only fires once instead of double-tapping, and so on.

“The only inconsistency—and, of course, a critical one—is that he reached to the right side of his belt and gripped his gun instead of crossing his hand about a foot away to the left where his Taser was.

“This is the slip and capture. Under time pressure to address a perceived threat, his intention to draw his Taser slipped off his agenda, so to speak, when it was captured and completed by a more well-rehearsed motor program; i.e., going to the location where his gun was in order to manage a threat. He was not conscious of this unfortunate switch until after the shot was fired.”

Such errors are common in civilian life, Lewinski explains, ranging from experienced pilots who inadvertently activate the wrong controls at a critical moment and crash airplanes to drivers who floorboard their accelerator when they think they’re tromping on the brake. “In a very simple illustration,” Lewinski says, “think of renting an unfamiliar model of car. You know you’re in a different vehicle, but when you go to insert the key you may automatically and unconsciously direct it toward the spot where the ignition is located on your own car at home.

“The fact that you do this once is not unusual, but the fact that some continue to do it several times before their behavior changes shows how powerful old programs are and how hard they are to change.

“In a situation like that, you get the benefit of an attentional check—you see what you’ve done wrong and then you pay attention and correct it. But there wasn’t time for that for Mehserle.

“In his urgency, his concentration was focused exclusively on Grant’s back, where he intended to place the Taser darts. Because of what’s called ‘inattentional blindness’—meaning that he wasn’t consciously paying attention to and registering it—he wouldn’t have been aware that the feel and weight of the gun was different from that of a Taser. The video clearly shows that the gun was never brought up to his line of sight, where he might have seen that it wasn’t his yellow Taser.

“His first indication that he’d made a mistake was when he pressed the trigger and the bullet tore into Oscar Grant’s back. The video shows him experiencing a definite reflexive, startle reaction. His left hand comes away from the gun as if he’s touched a hot stove. His hands go to his head and he exclaims, ‘Oh my God!’ His response is consistent with a sudden realization that he’d done something drastically wrong.”

In his testimony, Lewinski cited the research of Drs. Alexis Artwohl and Audrey Honig, both experts on police psychology and graduates of the certification course in Force Science Analysis. In their studies, Artwohl and Honig have documented that the vast majority of officers default to automatic, unconscious defensive behavior in threat situations, similar to some of what Mehserle experienced.

https://www.police1.com/police-products/firearms/training/articles/force-science-explains-slips-and-capture-errors-oIgwS6PRaoKWsQPJ/
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Offline Wonderfulspam

Re: Trial of Kim Potter (Daunte Wright Shooting)
« Reply #29 on: December 10, 2021, 04:10:20 PM »
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