Ex-cop who killed Daunte Wright lays out possible defense
Thu, October 14, 2021, 2:29 PM
Attorneys for former Brooklyn Center Officer Kim Potter said in documents made public Thursday that they might argue that the death of Wright, a Black motorist, was an innocent accident or an innocent mistake.
Kim Potter and Daunte Wright
They also might argue that Potter's “perceived use of a Taser was reasonable” and that there is a lack of causation, meaning Wright is also partly to blame for his own death.
She was initially charged with second-degree manslaughter, but
prosecutors added a count of first-degree manslaughter last month.
The defense has asked for the new charge to be dismissed.
The first-degree manslaughter count alleges Potter recklessly handled a firearm and endangered Wright’s safety when death or great bodily harm was reasonably foreseeable.
Engh wrote that when Potter shouted, “Taser! Taser! Taser!” it was evident she thought she was using her taser, not her gun. Engh said Potter didn’t know she was about to create a risk of harm to Wright and couldn’t have been aware of the risk and then ignore it.
“What the jury will see and hear about instead is an accident,” Engh wrote. “And a police officer’s accidental shot is not a crime.”
Engh said that if Potter intended to use her Taser, then she did not intend to shoot Wright, and the facts don't fit either charge against her.
“The State can’t prove any offense by playing the video, which shows an accident,” Engh wrote. “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.”