Kim Potter Found Guilty on All Counts

Storm Shelter
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Where is “willful intent” in the law

https://www.revisor.mn.gov/statutes/cite/609.20

609.20 MANSLAUGHTER IN THE FIRST DEGREE.

Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both:

(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;

(2) violates section 609.224 and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby;

(3) intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor’s coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another;

(4) proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule III, IV, or V; or

(5) causes the death of another in committing or attempting to commit a violation of section 609.377 (malicious punishment of a child), and murder in the first, second, or third degree is not committed thereby.

As used in this section, a “person of ordinary self-control” does not include a person under the influence of intoxicants or a controlled substance.

History:

1963 c 753 art 1 s 609.20; 1981 c 227 s 12; 1984 c 628 art 3 s 3; 1986 c 444; 1987 c 176 s 2; 1988 c 604 s 1; 1995 c 244 s 13; 1996 c 408 art 3 s 13

609.205 MANSLAUGHTER IN THE SECOND DEGREE.

A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) by the person’s culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or

(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or

(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or

(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner’s premises, or negligently failing to keep it properly confined; or

(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.

If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim’s death.

History:

1963 c 753 art 1 s 609.205; 1984 c 628 art 3 s 11; 1985 c 294 s 6; 1986 c 444; 1989 c 290 art 6 s 5; 1995 c 244 s 14

THE CHARGES

First-degree manslaughter in this case means prosecutors alleged that Potter caused Wright’s death while committing a misdemeanor — the “reckless handling or use of a firearm so as to endanger the safety of another with such force and violence that death or great bodily harm to any person was reasonably foreseeable.”

The second-degree manslaughter charge alleged that she caused his death “by her culpable negligence,” meaning that Potter “caused an unreasonable risk and consciously took a chance of causing death or great bodily harm” to Wright, while using or possessing a firearm.

Neither charge required prosecutors to prove Potter intended to kill Wright, and they pointed that out to the jury during opening statements.

Of course, you ALSO believe Ashlii Babbitt was murdered and should have never been shot. Oh the irony

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First Degree Manslaughter requires that Kim Potter caused another’s death “in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable…” Kim Potter was not attempting to commit any kind of misdemeanor. She was attempting to arrest a criminal.

Second Degree Manslaughter requires “culpable negligence whereby the person creates an unreasonable and CONSCIOUSLY takes chances of causing death or great bodily harm to another…” Potter made a mistake no different than the Capitol cop, no different than a surgeon making a deadly error. Potter consciously thought she had a taser in her hand and even screamed taser, taser, taser during the incident. Potter did not break any laws within the state criminal code and should be exonerated. The case should never have been tried and would not have occurred but for the political activism of woman abuser and AG Keith Ellison. Sorry, Warden, you’ve got this one WRONG.

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Keith Ellison who his ex, “Ms. Monahan has accused him of causing emotional pain through infidelity and dishonesty when they were a couple and said he had once tried to drag her off a bed after an argument while screaming obscenities at her.”

I mean, really?

As for Potter, they alleged and according to the trial results, PROVED that she DID commit a misdemeanor - the “reckless handling or use of a firearm so as to endanger the safety of another with such force and violence that death or great bodily harm to any person was reasonably foreseeable.”

As for second degree-

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Seems like “culpable” is a viable determination.

I could be, but the courts determined that not to be the case. Like clockwork, you’re arguing with the air over the courts holding cops accountable after a black dude was killed. I mean, Wright seems like a piece of shit and all, but let’s be honest…it’s like clockwork with you. I read this story the day it happened and yes, you were the FIRST thing on my mind…you sexy, old world enchanter of words, you…I’d have bet my car you’d have a whole story about this one.

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What I am arguing Warden is that putting Potter in prison for twenty years is not justice. She had a splendid record as a cop. She has been a good citizen. Potter indeed made a terrible mistake but not a criminal mistake. Potter’s behavior is actionable in civil court. It was dead wrong on Ellison’s part to charge Potter. It should have been handled like the Capitol cop’s case. What is wrong with society is to think the cops are the criminals. Most cops are pretty damn good citizens.

What is also very wrong in society is the profound likelihood of young black males to become gang members, thugs, and societal parasites. I concur with Walter Williams and Thomas Sowell that the breakdown of the family is the greatest contributing factor to black,urban crime. You don’t fight crime by eliminating bond, decriminalizing theft, electing activist DAs, or defunding the police. Big cities are war zones. In Chicago, it has become so bad, that poor persons living in the hood take their meals sitting on the floor because they are fearful of sitting at tables where they’re more likely to be hit by stray bullets.

Juries come to wrong decisions. Fortunately, it does not happen often. The O.J. case is an example of same. Potter had no intention of killing Wright. Any reasonable, fair person should be able to see that. Alec Baldwin wasn’t charged criminally for the camera woman’s death because it is logical to believe he thought the gun in his hand was not a lethal weapon. Alec and Potter had the same thoughts. Certainly, Baldwin will face a civil suit in the woman’s death.

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Blockquote
She had a splendid record as a cop. She has been a good citizen. Potter indeed made a terrible mistake but not a criminal mistake.

Having a splendid record as a cop doesn’t mean much when you kill someone you shouldn’t have.

And it absolutely was a criminal mistake. I’m not saying she deserved 20 years, but she was clearly negligent here.

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She hasn’t been sentenced yet. Also, how do you know she had a “splendid career”? Is there a website that discusses the careers of cops in Minnesota? How do you know she’s been a “good citizen”? Seriously, dude - anyone who kills a black guy you go on the same rant. They’re such wonderful people and they killed such a “thug”, such a “criminal.” Again, it’s like clockwork.
It WAS a criminal mistake? Wanna know how? She was found guilty. Face it, you’ll defend and apologize for any cop who kills a black person, period. You’ll say the same stuff, try and pull of the same lies.

You’re a pre-programmed talking bobble-head. Black people, bad, thugs, killers, criminals. White people who kill black people, “good citizens”, “splendid record”.

David Duke would be so proud.

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How’s he know what record she has as a cop? Is there a cop rating website? He’s full of shit like always. He’s proven he’ll lie his ass off on a daily basis as long as it fits his black=bad criminal, white=okay to kill black narrative.

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To be fair warden - you don’t generally spend 20 years as a cop and have a shitty record.

I agree that Potter shouldn’t spend 20 years in jail (actually I think the max she’ll serve is 15). That said - even she admitted she wanted to use her taser, and I believe she made a horrible mistake.

You don’t get to accidentally kill someone - as a cop - without consequences.

Bikki - what about Amber Guyger? Off duty cop. Says she entered what she thought was her apartment and killed a guy. Accident right? She shouldn’t be in jail, right?

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You sure?

https://www.sacbee.com/news/investigations/article237089834.html

I think the whole deal is that cops aren’t disciplined and held accountable by their fellow cops as a rule, and when they are, they can just change stations. No, I think there are a myriad of bad cops who’ve been bad for 20 years. I have no idea if she’s a bad cop, but I also didn’t agree that she was a “splendid cop” and “good citizen” like Bikki, simply because she killed a black dude. That’s all he requires

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I view crime as crime. Only liberals cover up for the plague of crime endemic in the African American community, Look at what San Francisco has become under liberal governance.

Several bios of Potter are available on the net. She was highly thought of by her department and had received past commendations during her 26 year career… She has no criminal record whatsoever, and friends attest to her being a good citizen. You haven’t commented on the Capitol Cop or Alec Baldwin. Should they too be sentenced to twenty years in prison. By the way, judges have sentencing guidelines and sometimes depending on the venue cannot move above or below the sentencing ranges.

You are the hypocrite for being unwilling to recognize black crime and call it out. It would damage your status believing, of course erroneously, that you operate on a higher moral plane than other and find conservatives filled with racial hate. Hate crime stats show that blacks commit a disproportionate number of hate crimes, and a white person is many times more likely to experience a hate crime committed by a black person than the reverse. Blacks also commit many times more hate crimes against Asians. These are facts Warden you seem to dismiss. How would you solve big city crime? Would you form a special unit of sociologists to the rescue?

Then you wantonly call people racists when there are no racists whatsoever on this message board, and there never have been. What you don’t understand Warden is that the huge majority of Americans have moved beyond racism. They’re not going to swallow the CRT crap, certainly not the divisive CRT views of liberal educators foisted on young people in public schools that stereotype white peope as oppressors and black people as perpetual victims.

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In every organization there are bad employees. Actually, cops over the years have become better trained, more sophisticated, and much more professional. There are very few unarmed blacks shot by cops each years, especially considering the number of interactions. The problem in not the police. The problem is families, schools, and neighborhoods.

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Certainly possible when a culture allows it. And I might be wrong on this - have there been any complaints about Potter over the years? Happy to eat crow if I’m wrong.

With respect to this specific incident - I do believe she didn’t mean to use her gun. She seemed genuinely distraught after.

That said - actions have consequences. And a 20 year veteran of the force should know which is the taser side and which is the gun side.

As for Bikki - this is just another in a long line of white cops he’s supported who’ve killed black people. And it continues to disgust me that every time this happens he points to black crime in general. Like the guy deserved it.

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Bullshit. You prove it regularly. You view BLACK CRIME as CRIME and you see murdering them as justified. You defend things like capitol rioters and Trump’s myriad of crimes, defend the convicted like Potts and Chauvin while attacking any person of color you can find on the internet who ended up dead. They’re always “thugs” to you and the murderer is always a “good citizen” and “splendid.”

You’re full of shit.

No, the capitol cop who killed the traitor insurrectionist who was trying to kidnap members of Congress and stop a Constitutionally mandated vote to certify the electors was okie dokie in my book and in the book of the law.

Lie. Hate Crimes | United States Department of Justice | Hate Crimes | Facts and Statistics

You’re as flat out racist and its as evident as the sky is blue. Most racists don’t think they’re racists, they think they’re just right.

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…the problem is EVERYTHING and EVERYONE but the white cop who pulls the trigger.

:rofl: :rofl: :rofl: :rofl:

Clockwork

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I defend always the party I hold to be right in court cases Neither Chauvin nor Potter broke any laws in the State of Minnesota. Both are political prisoners.