In this handout provided by the Hennepin County Sheriff’s Office, former Brooklyn Center Police Officer Kim Potter poses for a mugshot at the Hennepin County Jail on April 14, 2021, in Minneapolis. | Source: Handout / Getty
Defense attorneys for the former Minnesota police officer who shot a Black man to death because she purportedly confused her actual gun for a Taser provided a glimpse of how they could argue for leniency when her trial begins next month.
Kim Potter, who was fired from her job in suburban Minneapolis after killing 20-year-old Daunte Wright stemming from a traffic stop over the number of the air fresheners hanging from his rear-view mirror, remains free on bail for charges of one count each of first-degree manslaughter and second-degree manslaughter. And it appears her lawyers are sticking to her main excuse for shooting the unarmed Black man in his car.
According to the Minneapolis Star-Tribune, Potter’s layers are expected to employ one of the following four lines of defense: “Innocent Accident,” “Innocent Mistake,” “Her perceived use of a Taser was reasonable” and “Lack of causation.”
In effect, Potter wants the court and a jury of her peers to believe that she was left with no choice but to shoot Wright with her Taser as he allegedly rebuffed her attempts at an arrest by getting back into his car that was, again, pulled over because of air fresheners.
“What the jury will see and hear about instead is an accident,” Paul Engh and Earl Gray, the lawyers representing Potter, wrote in a court filing that was made public on Thursday. “And a police officer’s accidental shot is not a crime.”
A demonstrator holds Daunte Wright’s portrait during the seventh night of protests over the shooting death of Daunte Wright by a police officer in Brooklyn Center, Minnesota on April 17, 2021. | Source: CHANDAN KHANNA / Getty
Engh and Gray have also filed a motion seeking to criminalize Wright in death over his alleged drug possession or use before Potter killed him as well as “his “purported gang affiliation,” two things that seemingly lack any relevance to the case that was, again, predicated on a traffic stop because of air fresheners.
Potter’s lawyers said they plan to call a forensic and police psychologist at her trial to explain how cops confusing guns for Tasers is actually not at all that uncommon.
“For Officer Potter, this was a singular and ‘rare occurrence’ … but a mistake did happen,” Engh and Gray wrote in their motion. “A subcategory of action errors are termed ‘slip and capture errors,’ which include cases of ‘Taser/handgun confusion.’”
They added that the forensic and police psychologist was “being called to explain a phenomenon that happens in police work. Whether slip and capture may have caused Officer Potter’s mistake he can’t say; that question is for the jury to decide.”
The defense attorneys are also trying to blame Wright for his own shooting, claiming that his actions in trying to flee during the arrest jeopardized another officer who “might well have been dragged to his death.”
Wright was shot and killed on April 11. His death continued the heartbreaking narrative of Black community members who were murdered during interactions with law enforcement. Further anger ignited around Wright’s case after law enforcement officials dismissed his death as a mistake.
As Minnesota Public Radio reminded its readers days after Wright’s killing, “Minnesota is one of a number of states with laws that prohibit drivers from hanging objects from their rearview mirrors on the grounds that the items could obstruct their view. The laws have led to vehement complaints from civil rights advocates who say police can use them as a pretext for stopping Black motorists.”
This is 27 year old Antwan Gilmore. He was killed YESTERDAY by DC police. The cop found him asleep in his car, tapped on the window, and immediately fired multiple shots and killed him. pic.twitter.com/cYUgNuR47m
he was only 21 years old, he refused to leave a parking lot and they shot him 24 times. his name was ryan leroux, we need to get him justice. pic.twitter.com/0C63gketSS
Demetrius Stanley was murdered by plain clothes police officers two nights ago. They came in an unmarked van and were stalking the outside of Demetrius’ family home. He went outside to check and they shot him from inside their car. They never ID themselves. #ripmeech#blackpowerpic.twitter.com/qYL1GHNsho
— B.L.A.C.K. Outreach (@blackoutreachsj) June 2, 2021
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7. Ashton Pinke, 27
27-year old Ashton Pinke was shot-and-killed by Mesquite Police Department officers, today. Investigators report he charged with a “knife and a club” following a 911 hang-up call by a screaming woman. Family members question the report. Our full story airs on @FOX4 at 9/10. pic.twitter.com/SD2AAK76p3
At 5 @wsbtv: the family of 35 year old Matthew Williams are demanding that body camera footage of his shooting death be released. Dekalb police shot & killed Williams at his home Monday. They say he lunged at officers with a knife. Family say he was running away from officers pic.twitter.com/Ky4ssoYTFp
JUSTICE FOR MCHALE ROSE!
Mchale was killed by 4 officers within hours of the killing of Dreasjon Reed. Because of this, his story has gotten clouded and we need awareness! Mchale was a personal friend of mine and the sweetest boy ever. He & his family deserve justice! pic.twitter.com/SutjQn4fjy
Xzavier Hill’s family deserves justice. Virginia laws do not require the VSP to release footage, nor to wear body cameras. He was 18, and his whole life was ahead of him.
An attorney who has represented the families of George Floyd and Breonna Taylor says he is now working for the family of Andre’ Hill, the man killed by a Columbus police officer early Tuesday.https://t.co/9yXaqYKHfu
Joshua Feast was fatally shot in the BACK by La Marque PD officer Jose Santos as he was running away, posing no threat. Witnesses report Santos refused to render aid to Joshua after shooting him AND then kicked his body, already debilitated by the bullet. #JusticeForJoshuaFeastpic.twitter.com/zO46PCsGzO
27. Marcellis Stinnette, teen killed by police in Waukegan, Illinois
Source:Twitter
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28. Jonathan Price
The Texas police officer who fatally shot Jonathan Price has been arrested and charged with murder. His bail has been set at 1 million dollars. I’m glad. RIP Jonathan, rest in power. pic.twitter.com/Mw5GMQX0Eb
The killing of Daniel Prude by Rochester police officers is unacceptable, and we need real answers for why this happened and why it took so long to come out.
Trained medical professionals should respond to mental health crises, not armed officers. pic.twitter.com/EPhH9inn1x
This is #DijonKizzee, 29 yrs old and shot and killed by LA Sheriffs after being stopped for a bike violation. Cops handcuffed his lifeless body. While police investigations can drag on for months/years, cops have already claimed he ran away, and dropped clothes and a gun. #BLMpic.twitter.com/pM6mQfWLeQ
in an attempt to disperse crowds, #DavidMcAtee, a louisville bbq chef known for serving cops free meals, was shot and killed by the police last night. he was unarmed. not only were the officers’ bodycams off, but they also left his body on the street for 12 hours.
say his name. pic.twitter.com/kqOPku8iuQ
They murdered my cousin. How do you have someone in handcuffs and in a seat belt and shoot them multilpe times.All cops aren’t bad but those were. I will fight with the last breath in me for justice. William Green was a family man, a working man. Funny. Loving. Love and miss you. pic.twitter.com/PhM3a6C7uj
This is a 2019 mugshot of the murder suspect Cobb police shot & killed today. Samuel Mallard, 19, was previously arrested for impersonating officers a half dozen times. In the 2020 case, the GBI says he’s involved in a murder/robbery. CCPD says there are other suspects. @wsbtvhttps://t.co/7EfuVQLmNBpic.twitter.com/ttWg5HjFkj
Former Officer Robert Olsen killed Anthony Hill over four years ago and was finally convicted (not of murder). Will get get the Amber Guyger treatment? #AnthonyHillhttps://t.co/HZVf3tOEOL
Two lawyers representing the estate of 54-year-old Eric Logan, who was shot and killed by a South Bend police officer, have sued that officer, Sgt. Ryan O’Neill and Mayor Pete Buttigieg.
This is Jaquavion Slaton, the 20-year-old who was was shot & killed by Fort Worth Police on Sunday. Community demanding release of body camera video, but FWPD hasn’t said when/if that will happen. #WFAApic.twitter.com/iakQyWrRCl
Patrick Harmon was shot and killed by police in Salt Lake City, Utah. The district attorney says the shooting was “legally justified.” pic.twitter.com/zYBOwlTzRb