In a 55-page report, the DOJ seeks legal ways to solve the national disconnect between law enforcement and millions of citizens. A brutal, graphic video of 29-year-old Tyre Nichols being beaten to death by five Black police officers in Memphis is creating a cacophony of questions and investigations that once... Read More »
Mistake or Manslaughter & Negligence in Shooting? MN Police Officer Claims Confusion in Shooting Death of Unarmed Black 20-Year Old Driver
On Sunday, A Brooklyn Center, Minnesota, police officer claimed she made a mistake that cost a 20-year old driver's life due to her shooting him in the chest with her gun instead of with her taser. Yet many questions arise as to how any trained officer could confuse a gun with a taser.
When police officer Kim Potter shot and killed 20-year old Daunte Wright, an unarmed black man, she claims she believed she was holding her taser. At the time, he was on the phone with his mother, telling her he had been pulled over.
As she shot her gun at the victim, she yelled out, "I'll Tase you! I'll Tase you! Taser! Taser! Taser!"
Wright jumped into his car, where Potter's shot struck him as he sat behind the wheel, with his arm shielding his face.
As he drove away, Potters yelled, "Holy (expletive)! I shot him."
Wright crashed and died soon after due to his gunshot injuries. His alleged crime was driving with expired license plates and having what appeared to be an air freshener hanging from the window of his car.
A day after the killing, both Brooklyn Center Police Chief Tim Gannon and Officer Potter resigned.
In their wake, allegations of murder are swirling among angry protesters who are already incensed at George Floyd's death by police.
Potter claims she was confused and had believed she was shooting her taser.
Many disagree with this possibility since a taser and gun are radically different from their look and feel. Here are some differences between police guns and tasers.
· Weight: a gun is dramatically heavier than a taser.
· Feel: A gun is heavier, but both tasers and guns are usually of polymer.
· Grips: A gun's grip is different from that of a taser.
· Color: Police departments usually purchase neon-colored tasers to avoid any visual confusion between tasers and guns
· Where a Police Officer Wears a Gun vs. a Taser: Officers use one side to hold their guns and the other for their tasers
· Trigger Safety: Guns have a trigger safety that must be disabled before deploying, whereas tasers have no trigger safety.
Depending upon the prosecutors and how any prosecution plays out, Officer Potter may face different charges for Wright's killing.
These charges could include:
Second Degree Murder. In Minnesota, second-degree murder charges consider that the accused did not premeditate murder and may have killed out of an intense emotional response or impulse. If Potter had the intention to cause serious bodily harm but not death to Wright, she can face and be found guilty of second-degree murder. In Minnesota, second-degree murder includes up to 40 years in prison.
Third-Degree Murder. Third-degree murder occurs when a defendant is proved not to have planned or intended to commit murder. For example, a third-degree murder charge would include someone who dies due to a defendant providing drugs. In Minnesota, third-degree murder is punishable by up to 25 years in prison and a $40,000 fine.
Negligence and Involuntary Manslaughter. If the homicide is determined to result from reckless actions, Potter might be charged with involuntary manslaughter. Manslaughter can lead to separate charges, including manslaughter in the second degree.
Manslaughter in the second degree is negligence that results in the death of another person. Potter could be charged with manslaughter in the second degree and negligence since her alleged mistake led to a death. In Minnesota, defendants found guilty of these charges face up to 10 years in prison and up to $20,000 in fines.
The Brooklyn Police Department policy states that no officer should use a gun and taser at the same time. It states further, "all Taser devices shall be clearly and distinctly marked to differentiate them from the duty weapon and any other device."
The Brooklyn Police safety manual states no officer shall use a weapon if a suspect's location when struck may result in injury, including specifically those "operating vehicles."
Officers in a dozen cases, including in California, Kansas, Pennsylvania, and Oklahoma, reported they used guns, mistaking them for tasers.
In these cases, officers were not found guilty, except for one exception. In 2009 in Oakland, California, a Bay Area transit officer shot and killed an unarmed Black man at the Fruitvale Station on New Year's Day.
Unarmed Oscar Grant III was shot and killed by the officer as he lay face down on the ground. The officer was convicted of involuntary manslaughter and received a sentence of eleven months in prison.
The American Civil Liberties Union of Minnesota released a statement saying they have "deep concerns that police here appear to have used dangling air fresheners as an excuse for making a pretextual stop, something police do all too often to target Black people."
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