re: Kim Potter charged with manslaughter

What is the penalty for manslaughter in MN? And how might a plea go, if the prosecution accepted one?

quote:

---

Here is the statute:

---

At least someone posted the ACTUAL MN Statute applicable rather than simply relying on Wikipedia legal research as to the general definition of Manslaughter...which is statutorily different from state to state.

Below are the general jury instructions guide re: 2nd Degree Manslaughter in Minnesota:

quote:

---

First, the death of must be proven.


[1] Second, the defendant caused the death of , by culpable negligence, whereby the defendant created an unreasonable risk and consciously took a chance of causing death or great bodily harm. “To cause” means to be a substantial causal factor in causing the [death]. The defendant is criminally liable for all the consequences of (his) (her) actions that occur in the ordinary and natural course of events, including those consequences brought about by one or more intervening causes, if such intervening causes were the natural result of the defendant's acts. The fact that other causes contribute to the [death] does not relieve the defendant of criminal liability. However, the defendant is not criminally liable if a “superseding cause” caused the [death]. A “superseding cause” is a cause that comes after the defendant's acts, alters the natural sequence of events, and produces a result that would not otherwise have occurred. “Culpable negligence” is intentional conduct that the defendant may not have intended to be harmful, but that an ordinary and reasonably prudent person would recognize as involving a strong probability of injury to others. “Great bodily harm” means bodily injury that creates a high probability of death, or causes serious permanent disfigurement, or causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.

---

We have a death, so no issue with the first element.

The officer presumably was conscious and knowingly reached for a weapon (purportedly a taser) to use on the deceased. However, it is likely the issues that will be argued are did she commit "culpable negligence" and consciously take a chance of causing "great bodily harm"?

"Culpable negligence" is not precisely defined. It is greater than just ordinary negligence, and some argue greater than gross negligence. It has also been referred to by some Minnesota courts as involving a “gross lack of competency,” “wanton indifference to … safety,” “recklessness with regard to the safety of others,” “disregard of the consequences” and “gross negligence with an implication of recklessness.

With that as the backdrop, was it above recklessness for her to accidently grab her gun rather than taser in that situation? Maybe. Maybe not. That's for a jury to decide.

There may also be an issue of if she consciously took a chance of causing death or great bodily harm? They could possible argue that while she consciously meant to grab her taser, she didn't consciously mean to grab her gun (and is it reckless for a cop not to be able to distinguish between the two?). Is a taser seen as something know to reasonable men as being able to cause "great bodily harm"...as set forth in the instructions? Maybe not. A gun certainly is capable of causing death and great bodily harm, but did she knowingly take the chance of doing so by mistakenly grabbing her gun rather than taser?

I admittedly haven't followed this case all that closely. But aside from a "self defense" argument (which I don't know if she has here) it sounds like her defense is that she accidently grabbed her gun while trying to grab her taser, right? I think use of a taser would probably be held reasonable in this situation. But is it culpable negligence for a professional, trained, police officer to make that mistake?

Finally a DA who doesn’t over charge to please the media

quote:

---

Going to be hard to convince me that simply pulling the wrong weapon means you are guilty of a crime.

---

twenty years on the force and you cant remember which holster your pistol is?

quick, grab the taser.

she should plead guilty.

quote:

---

Funny, a damned gun has a vastly different sound than a Taser fired. She didn't know until after the shot sounded. It's that simple.

---

And the recoil. Recoil is different (I'm assuming her weapon was a Glock 17/19 or M&P in 9mm).

Way different.

Lol shut up

It was an accident that also warranted a response with taser. Taser wasn’t deployed and a gun was by accident. Clearly wanted to do taser as she yelled out the command. Showed remorse immediately. No charges should stick but she should lose her job and never work in police work again.

quote:

---

Potter loved the second that she fired the fatal shot and she loved every minute while the young man died.

---

Holy shite.

I hope you die a very slow and painful death from arse cancer.