Kim Potter Should be found innocent

Tragedy? Yes.      Manslaughter? No

Daunte Wright was stopped for having an expired license plate and something hanging from his mirror.   During the stop the officers found out that he had an outstanding warrant.  He then resisted arrest and tried to flee. 

Officer Potter then shoots him, apparently by accident, thinking she was using her tazer.  

The political district attorney Ellison is overcharging her with first and second-degree manslaughter. However, if you look at the elements of second-degree manslaughter in Minnesota(see below), it does not appear that she should be found guilty because there appears to be a key missing element of second-degree manslaughter: consciously taking chances that will kill or severely harm somebody

Three elements required for 2nd degree Manslaughter in MN

1. Causes the Death-yes

2. Culpably Negligent-maybe

3. Consciously - nope

Wright had at least two previous charges against him and at least one outstanding warrant. 

Case number 27-CR-19-29850 refers to a 2019 aggravated robbery charge against Wright. The register of actions indicates the notice of hearing for this case was sent to the wrong address, but the court did not respond with a warrant

Case number 27-CR-21-4400 refers to a charge against Wright for possession of a pistol without a permit and fleeing a police officer. The court issued a warrant for Wright’s arrest for failing to appear at the hearing. That warrant was active at the time of Wright’s death. 

609.205 MANSLAUGHTER IN THE SECOND DEGREE.

A person who causes the death of another [YES] by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) by the person's culpable negligence [MAYBE] whereby the person creates an unreasonable risk, and consciously [NOPE] takes chances of causing death or great bodily harm to another; or

(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or

(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or

(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or

(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.

If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.