Top Three Takeaways – April 15th, 2021
- Do facts matter? The officer who killed Daunte Wright, Kim Potter, has been charged with 2nd degree manslaughter. Now, we all know she’s responsible for the death of Daunte. The question becomes do the charges fit the crime? Here are Minnesota’s Statues governing this charge: 609.205 MANSLAUGHTER IN THE SECOND DEGREE. A person who causes the death of another 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 whereby the person creates an unreasonable risk, and consciously 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. In what’s no doubt the politically incorrect thing to do, what statue fits the crime? The only potentially applicable one would be the first. Once again here’s what that states: culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another. Umm...see any problems with that one? What was her unreasonable risk? Arresting someone who had an arrest warrant outstanding? And on top of that unreasonable risk, we’re to believe she consciously took a chance of causing death or great bodily harm? If that’s the case I guess we must ban tasers from use by law enforcement. Either that or the allegation is that prosecutors believe she intentionally drew her service weapon in which case they should have entered a murder charge.
- But she is guilty of Daunte’s death so why does it matter? The prosecution’s argument is a lose-lose proposition. If they have evidence Kim Potter knew what she was doing in killing Daunte – they've undercharged her. If it as it appears and she was in an incompetent cop who failed in the worst way possible, they’ve overcharged her which presents a whole host of problems. Like for example what the reaction might be if she’s acquitted, and whether future jurors will feel as though they are really able to follow the law or risk facing mob rule themselves. But there’s another potentially chilling effect which impacts all of us in potentially every community. Everyone in law enforcement everywhere is watching what’s happening here. Kim Potter’s failures aren’t just those of the Wright family and the Brooklyn, Minnesota community generally. It’s made an already difficult job even more challenging for our family, friends and neighbors who leave their families, put on a badge and go to work each day. Over 800,000 law enforcement professionals go to work daily generally doing good work in their communities to combat the 22,268 crimes that happen daily. Or to put it another way, the 928 crimes committed per hour, in other words, the 15.5 crimes committed every minute, of every day on average. Where would we be as a society without them. Now, when you see an environment in which not only the risk is the greatest it’s ever been for law enforcement, but also that prosecutors are quick to overcharge police officers, while making excuses for people who have outstanding arrest warrants and attempt to escape arrest for those warrants – what message does that send to those tasked with enforcing laws.
- Mistakes make us less safe. Kim Potter’s apparent mistake not only killed Daunte Wright, but it made all of us less safe. The prosecutor’s decision to pursue charges which don’t fit the crime make us all less safe. And should the day ever come when good people decide they no longer want to be in law enforcement – can you even imagine. But increasingly, why would they? And you need to ensure that your community is informed and led by responsible leaders who recognize these concerns. If facts do still matter Kim Potter was either overcharged or undercharged. And if we continue to travel down this path of making excuses for criminal behavior and suggesting police arresting criminals are the bad guys...you need to ask yourself who will be there to address the 70 crimes that were committed during the time it took me to present my top three takeaways today?
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