Ex-cop who killed Daunte Wright lays out possible defense

MINNEAPOLIS – A erstwhile suburban Minneapolis constabulary serviceman who has said she meant to usage a Taser alternatively of a handgun erstwhile she changeable and killed Daunte Wright successful April is laying retired her imaginable defenses up of her November trial.

Attorneys for erstwhile Brooklyn Center Officer Kim Potter said successful documents made nationalist Thursday that they mightiness reason that the decease of Wright, a Black motorist, was an guiltless mishap oregon an guiltless mistake. They besides mightiness reason that Potter's “perceived usage of a Taser was reasonable” and that determination is simply a deficiency of causation, meaning Wright is besides partially to blasted for his ain death.

Attorney Paul Engh wrote that Potter mightiness contiguous different defenses arsenic much grounds is reviewed.

Potter, who is white, killed Wright, 20, during a postulation halt connected April 11. She was initially charged with second-degree manslaughter, but prosecutors added a number of first-degree manslaughter past month.

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The defence has asked for the caller complaint to beryllium dismissed. The first-degree manslaughter number alleges Potter recklessly handled a firearm and endangered Wright’s information erstwhile decease oregon large bodily harm was reasonably foreseeable.

Engh wrote that erstwhile Potter shouted, “Taser! Taser! Taser!” it was evident she thought she was utilizing her taser, not her gun. Engh said Potter didn’t cognize she was astir to make a hazard of harm to Wright and couldn’t person been alert of the hazard and past disregard it.

“What the assemblage volition spot and perceive astir alternatively is an accident,” Engh wrote. “And a constabulary officer’s accidental changeable is not a crime.”

Engh said that if Potter intended to usage her Taser, past she did not mean to sprout Wright, and the facts don't acceptable either complaint against her.

“The State can’t beryllium immoderate discourtesy by playing the video, which shows an accident,” Engh wrote. “The prosecution can’t triumph connected Officer Potter’s shouts of ‘Taser, Taser, Taser,’ words meaning she was going to usage her TASER, truthful arsenic to not harm Mr. Wright. Nor for reasons of her tremendous after-the-fact regret of what could not person been a conscious act.”

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Prosecutors person argued that determination is grounds to beryllium the elements of some charges astatine trial, wherever the lawsuit volition beryllium decided by a jury. They accidental that the authorities is not accusing Potter of intentionally sidesplitting Wright, but that she “consciously and intentionally acted successful choosing to usage unit ... successful reaching for, drawing, pointing, and manipulating a weapon.”

Engh is besides taking contented with a prosecution use-of-force expert, Seth Stoughton, who Engh says has enactment distant a mendacious communicative that Potter should person fto Wright thrust away, presuming helium would beryllium arrested later. Engh argued that Wright created a unsafe concern arsenic helium tried to thrust distant and, “Officer Potter could not disregard Mr. Wright's danger. He had to beryllium arrested.”

Stoughton, a prof astatine the University of South Carolina School of Law, besides testified for the authorities successful the proceedings of Derek Chauvin, the erstwhile Minneapolis constabulary serviceman convicted successful the death of George Floyd. In that case, Stoughton testified that nary “reasonable” serviceman would person done what Chauvin did — held Floyd facedown with a genu crossed his cervix for up to 9 minutes, 29 seconds.

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Potter's proceedings is scheduled to commencement Nov. 30.

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