Daunte Wright Case: Kim Potter is Convicted on Two Charges of Manslaughter
The prosecution and defense had agreed that the shooting was a mistake and that Ms. Potter, who is white, had meant to draw her Taser when she fatally shot Mr. Wright, a 20-year-old Black man, during a traffic stop.
MINNEAPOLIS — The former police officer who fatally shot a man in a Minneapolis suburb after seeming to mistake her gun for her Taser was convicted of two counts of manslaughter on Tuesday, a rare guilty verdict for a police officer that is likely to send her to prison for years.
The jury of 12 took more than 27 hours over four days to reach the unanimous guilty verdicts for Kimberly Potter, a 49-year-old white woman who testified that she had never fired her gun on the police force in Brooklyn Center, Minn., until April 11, when she shot a single bullet into the chest of Daunte Wright, a 20-year-old Black man who had been driving to a carwash.
Kimberly Potter and her lawyers reacting as the verdict was read.Credit…Court TV, via Associated Press
Judge Regina Chu ordered that Ms. Potter be immediately jailed, and deputies led her out of the courtroom in handcuffs as one of her relatives shouted, “Love you, Kim!” As the verdict was read, Ms. Potter looked down briefly and then glanced at the jurors, but did not appear to cry, as she did when she testified earlier in the trial.
Judge Chu will sentence Ms. Potter at a hearing scheduled for February. The standard sentence range for the more serious charge, first-degree manslaughter, is between about six to eight and a half years in prison, and the maximum penalty is 15 years. Prosecutors have indicated that they will ask the judge to hand down a longer-than-average prison term, and Ms. Potter’s lawyers are likely to ask for a sentencing below the standard range.
Mr. Wright’s parents let out cries in the courtroom as the guilty verdicts were read, and several dozen of Mr. Wright’s supporters celebrated outside of the courthouse in downtown Minneapolis.
Daunte Wright with his son.Credit…Ben Crump Law
Body camera videos from April 11 showed that Mr. Wright had gotten back into the driver’s seat of his car after pulling away from another officer who was trying to handcuff him during a traffic stop. A judge had issued an arrest warrant for Mr. Wright that month after Mr. Wright missed a court date on a gun charge.
In the videos, Ms. Potter is heard shouting that she was going to stun Mr. Wright with her Taser, but she had actually drawn her department-issued Glock. She yelled “Taser! Taser! Taser!” and pulled the trigger. Then, realizing that she had shot him instead, Ms. Potter shouted that she had grabbed the wrong weapon, collapsed to the ground and sobbed as she said she was going to go to prison.
At trial, prosecutors conceded that the shooting was an accident, but they argued that Ms. Potter, who resigned two days after the shooting, had been so reckless that she should be imprisoned.
The shooting took place during the trial of Derek Chauvin, the white former Minneapolis police officer who was ultimately convicted of murdering George Floyd, a Black man whose death led to a huge protest movement and heightened scrutiny of police killings.
Outside the Hennepin County Courthouse after the verdict was announced.Credit…Aaron Nesheim for The New York Times
As the highest-profile trial of a police officer since Mr. Chauvin’s conviction, the Potter trial has been seen by some as a test of whether juries are more likely to convict police officers of crimes after the outcry over Mr. Floyd’s death.
It is rare for police officers to be convicted after claiming to mix up their gun and Taser, and jurors heard from several witnesses who testified that Ms. Potter had been right to try to stun Mr. Wright. Several police officers — including two who were put on the stand by prosecutors — testified that even if Ms. Potter had meant to fire her gun, it would have been justified because another officer was reaching into the passenger side of the car and was at risk of being dragged if Mr. Wright drove off.
The final witness in the trial was Ms. Potter, who sobbed as she described the moments leading up to the shooting and said she was “so sorry” it had happened.
Mr. Wright’s mother, Katie Wright, visiting an ad hoc memorial to her son at the location in Brooklyn Center, Minn., where he was fatally shot by a police officer.Credit…Victor J. Blue for The New York Times
She had been riding in a police car with Officer Anthony Luckey, a rookie officer she was training, when Officer Luckey began following Mr. Wright’s white Buick because he noticed that the car had used the wrong turn signal. Officer Luckey noticed that the car had an air freshener hanging from the rearview window, which is against the law in many states, and also had an expired registration sticker.
When Mr. Wright’s car was photographed by investigators after the shooting, a black, tree-shaped air freshener was on the driver’s seat, covered in Mr. Wright’s blood.
Ms. Potter testified that in the moments before the shooting, she had seen the third officer at the scene, Sgt. Mychal Johnson, leaning into the car and that he had “a look of fear on his face.”
In finding Ms. Potter guilty, jurors appeared to find that she had not been justified in using her weapon and that she had knowingly taken a risk of seriously harming Mr. Wright, even if she mistakenly thought she was firing her Taser.
Prosecutors argued that Ms. Potter, in meaning to use her Taser, had consciously risked harming Mr. Wright, because her Police Department’s policies warned against using a Taser on someone who is driving a car. The prosecutors, who work in the office of the Minnesota attorney general, Keith Ellison, also said that Sergeant Johnson had not been at risk of being dragged because only a small part of his body was in the car when Ms. Potter fired.
“Accidents can still be crimes,” a prosecutor, Erin Eldridge, told the jury during closing arguments. She called the killing “a colossal screw-up” and “a blunder of epic proportions.”
The Taser and pistol Ms. Potter carried on April 11, as they were shown in court on Friday.Credit…via Court TV
In the defense’s closing argument, Earl Gray, a lawyer for Ms. Potter, said that Mr. Wright had “caused his own death” by trying to flee from the police. He also said Ms. Potter should not be imprisoned for an accident.
“This lady here made a mistake, and my gosh, a mistake is not a crime,” Mr. Gray said.
Tim Gannon, who was the chief of the Brooklyn Center Police Department until he was forced to resign after the shooting, testified that Ms. Potter had not broken his department’s rules.
Mr. Gannon, who testified for the defense and said he was pushed out for refusing to fire Ms. Potter, said that when he viewed videos of the shooting, he saw “no violation — of policy, procedure or law.”
At least two police officers who were called to testify by prosecutors gave similar responses when they were cross-examined by Ms. Potter’s lawyers, including Sergeant Johnson, who said that he might have been killed if Mr. Wright had driven away and that Ms. Potter had been justified in using her gun.
Protesters demonstrated on the first day of jury selection last month.Credit…Aaron Nesheim for The New York Times
In their closing arguments, Ms. Eldridge argued that the testimony of the police officers was colored by loyalty to Ms. Potter, saying that “when trouble comes, it’s family that supports you unconditionally.”
For a week after the shooting, thousands of people gathered outside of the Brooklyn Center Police Department, grilling and providing groceries to nearby residents by day and throwing water bottles and other objects at a line of police officers come nightfall. The police made hundreds of arrests and fired an array of projectiles, including foam bullets, canisters of smoke and pepper spray that made it difficult to breathe.
During the trial, Ms. Potter’s husband, a retired police officer, sat in the courtroom for much of the proceedings, as did Mr. Wright’s mother, Katie Bryant, who often cried quietly in court as videos of her son’s death were shown to jurors.
On the first day of the trial, Ms. Bryant testified that her son had called her when he was pulled over, but that the line had gone dead seconds before he began to struggle with the police. Ms. Bryant said that she raced to the scene, where she saw a white sheet that covered everything except for her son’s familiar tennis shoes.