Did a cop shoot an unarmed man because she mistook her pistol for a taser?
The Killing of Daunte Wright
At 1:53 pm on April 11, 2021, Daunte Wright and his girlfriend were pulled over in a white 2011 Buick LaCrosse registered under his brother's name. Officer Kimberly Potter and her trainee were the acting officers who pulled Wright and his girlfriend over because they observed the vehicle signaling a right turn while it was inside a left turning lane. The trainee officer also noticed that the car had an expired registration tag on its license plate and an air freshener hanging from the car's rearview mirror, violating Minnesota state law. The officers ran Wright's name through a police database after learning he did not have a driver's license or proof-of-insurance card. After running a background check on Wright, Potter and her trainee knew that he had an open arrest warrant for failing to appear in court on a gross misdemeanor weapons violation for carrying a gun without a permit and that there was a protective order against him by an unnamed woman. The officers decided to arrest Wright and ensure the passenger was not the same woman with the protective order against him. Wright, who was unarmed, began to resist arrest, caused a struggle with the officers, and stepped back into his car. The other officer on the passenger side had the door open and reached inside to grab the gear shift to prevent Wright from driving off. The trainee officer on the driver's side attempted to prevent Wright from obtaining control of the steering wheel. Potter had her Taser holstered on her left side and her gun on her right, said, "I'll tase you," and then yelled, "Taser! Taser! Taser!" The officer on the passenger's side released his hands from attempting to restrain Wright. Potter then discharged her firearm instead of her Taser, using her right hand, and said, "Oh shit, I just shot him."
Wright drove off after being shot at close range. The vehicle traveled about a few hundred feet before colliding with another car. Officers administered CPR, but Wright was pronounced dead at the scene at 2:18 pm. A female passenger in the vehicle, Wright's girlfriend, was hospitalized with non-life-threatening injuries, and no one in the other car was injured. On April 14, Potter was charged by the Washington County Attorney's Office with second-degree manslaughter, pursuant to Minnesota Statutes Section 609.205, a felony offense entailing "culpable negligence creating unreasonable risk" that carries a maximum penalty of 10 years incarceration and/or a $20,000 fine. The criminal complaint against Potter states that she caused Wright's death "by her culpable negligence" since she "created an unreasonable risk and consciously took a chance of causing death or great bodily harm" to Wright. A few hours later, Potter posted a $100,000 bail and was released.
The Trial of Kimberly Potter
The trial of Kimberly Potter began on November 30, 2021. Due to this trial being very high profile and publicized, the Minnesota Attorney General's office served as the prosecution, with Matthew Frank, an assistant attorney general, as the lead prosecutor. Frank was experienced in managing high-profile cases as he was the lead prosecutor for the trial of Derek Chauvin. The defense was led by Amanda Montgomery, Paul Engh, and Earl Gray. Engh and Gray were paid by a fund set up by the Minnesota Police and Peace Officers Association. Gray had previously represented the police officer who fatally shot Philando Castile in 2016. The defense sought to prove that Wright resisted arrest, contributing to a "slip and capture" error.
Expert witnesses for the defense testified that Potter had the legal authority to fire either a gun or Taser. The prosecution argued that Potter neglected training on using her Taser and discharged her firearm recklessly when she killed Wright. They also cited that Potter's pistol, a Glock 9 mm model, was entirely black, partially made of metal, and weighed 2.11 pounds when loaded. They emphasized the difference between the gun with her Taser, which was made of plastic, was primarily yellow and weighed 0.94 pounds. They stated that Potter was holding her gun for 5.5 seconds before discharging it, which was ample time to detect the drastic differences. Potter testified in her defense, claiming that she mistook her gun for a Taser and admitting to fatally shooting Wright. She also said that she never observed Wright with a gun and that he was not being violent or making verbal threats during the arrest. This testimony may have hurt the defense's case, as Potter admitted to making a mistake, which could've added to the prosecution's negligence claims. On December 23, 2021. the jury found Potter guilty of first-degree manslaughter and second-degree manslaughter after 27 hours of deliberation.