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A28 u.s. news
Diamars 30 November 2021

For cop who shot Daunte Wright, will ‘wrong gun’ plea work?

(AP) — When a suburban der, say Wright’s death was video then shows Potter,
Minneapolis police offi- manslaughter and that Potter, holding her handgun in her
cer shot and killed Daunte an experienced officer who right hand and pointing it at
Wright in April, her reac- was trained to know better, Wright. Again, Potter said,
tion on body-camera vid- should go to prison. “I’ll tase you,” and then two
eo seemed to instantly es- seconds later: “Taser, Taser,
tablish the key facts of the The big questions for the Taser.” One second later,
case: “I grabbed the wrong jury will be whether Potter’s she fired a single bullet into
(expletive) gun,” Kim Pot- actions rose to recklessness Wright’s chest.
ter said. “I’m going to go or culpable negligence, as the
to prison.” law requires. Defense attor- “(Expletive)! I just shot him.
neys also argue that Wright ... I grabbed the wrong (ex-
But legal experts say a convic- was responsible for his own pletive) gun,” Potter said. A
tion for Potter, who says she death because he tried to minute later, she said: “I’m
meant to pull her Taser, isn’t drive off from a traffic stop going to go to prison.”
as certain as it might seem — and could have dragged an
at least on the most serious officer to his death if Potter Prosecutors allege that Potter
charge she faces, first-degree hadn’t intervened. committed first-degree man-
manslaughter. Jury selection slaughter by causing Wright’s
begins Tuesday. “What we have basically is death while committing a
an innocent mistake,” de- misdemeanor crime, namely
The shooting of Wright, a fense attorney Earl Gray recklessly handling a gun,
20-year-old Black man, by said in a preview of his argu- when death was reasonably
the white officer sparked in- ments. “That she wasn’t cul- foreseeable. The second-
tense protests in Brooklyn pably negligent and that she degree manslaughter count
Center just as nearby Min- didn’t cause the death of Mr. alleges that she acted with manslaughter more likely, destructive protests that oc-
neapolis was already on edge Wright. He caused his death culpable negligence. Neither Brandt said. curred in Minneapolis after
as that city’s fired officer himself.” charge requires the intent to Floyd’s death. Question-
Derek Chauvin was on trial kill. In one of the best-known cas- naires sent to potential ju-
in George Floyd’s death. According to the complaint, es of grabbing a gun instead rors asked about their views
the officer Potter was train- Prosecutors suggested in pre- of a Taser, a transit officer in of those protests and others
The concrete barriers, chain- ing, Anthony Luckey, told trial filings that Potter should Oakland, California, killed over the past two years, as
link fencing and National Wright they stopped him the not have even used her Taser. 22-year-old Oscar Grant in well as whether they partici-
Guard soldiers that sur- afternoon of April 11 for the Police probably could have 2009. Johannes Mehserle pated, had been injured or
rounded the courthouse for air freshener hanging from found Wright later so the of- was sentenced to two years in suffered property damage, or
that trial are gone, but en- his rear-view mirror and the ficers should have let him prison for involuntary man- knew anyone who had.
hanced security will be in car’s expired license plate drive away, they suggested. slaughter.
place for Potter’s trial — with tabs. Luckey then found an Similar questionnaires were
fewer entry points and the arrest warrant for a weapons Experts agree that drawing Oakland civil rights attor- used in the Chauvin trial,
closure of a parking garage. violation. They went back a firearm instead of a stun ney John Burris, who won a where jury selection took 11
to arrest him, joined by Sgt. gun is rare. To avoid confu- $2.8 million settlement for days, and his attorney repeat-
Potter, who resigned two days Mychal Johnson. sion, officers typically carry Grant’s family, said Taser edly asked potential jurors
after the shooting, says she their stun guns on their weak mix-ups have dwindled since whether they could set aside
made an innocent mistake Wright obeyed Luckey’s or- sides, by their nondominant police across the country strong public opinion and
when she reached for her pis- der to get out. But as Luckey hand, and away from hand- stepped up stun-gun training deliver a fair verdict.
tol instead of her Taser. But was handcuffing him, Wright guns carried on their strong after Grant’s death.
prosecutors, including the pulled away and got back in. side. That’s how Brooklyn The trial timeline for Potter
leader of the team that got As Luckey held onto Wright, Center officers are trained Burris said he thinks Potter sets aside at least six days for
Chauvin convicted for mur- Potter said “I’ll tase ya.” The and how Potter had her duty had the right to use reason- jury selection, with opening
belt arranged. And there are able force and could get cred- statements no sooner than
several obvious differences it from the jury for intending Dec. 8.
between the two weapons. to use her Taser. And if that
For one thing, a Taser is yel- happens, he said, the best Zaynab Mohamed, com-
low. A Glock is all black. the prosecution might get munity advocacy manager
is a conviction on the lesser for the Minnesota chapter of
Joe Friedberg, a local defense charge. But if the jury agrees the Council on American-
attorney who isn’t connected she should not have used her Islamic Relations, was among
to the case, said Wright’s at- Taser at all, he added, they the activists who repeatedly
tempt to drive off when Offi- might find it was first-degree demonstrated outside the
cer Johnson was partly inside manslaughter. home of the county prosecu-
the car would have been suf- tor who originally had Pot-
ficient grounds for Potter to Still, if Potter comes across ter’s case to demand murder
shoot and kill him intention- as remorseful, she’ll get em- charges be filed. That didn’t
ally — and that is enough to pathy that could result in an work, but the prosecutor
acquit, he said. acquittal or hung jury, Burris eventually handed the case
said. over to Attorney General
Mike Brandt, another local Keith Ellison’s office.
defense attorney not con- “These are tough cases,” he
nected with the case, saw it said. “A lot of emotion comes Mohamed said people are
differently. He said it’s clear in a case like that. If an officer “more energized than they
Potter mishandled a firearm did not intend to kill some- ever were.” She said an ac-
— an element of the first- one, that officer is going to be quittal for Potter would mean
degree manslaughter charge highly emotional. That emo- another outpouring.
— though the jury might tion is going to have an im-
struggle with whether she pact on jurors.” “I think there will be a level
did so recklessly. The “culpa- of anger, and people will take
ble negligence,” or taking an Attorneys are expected to to the streets like they did
unreasonable risk, is easier to screen jurors closely for their after the murder of George
prove, making second-degree attitudes on the sometimes Floyd,” she said.