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Crime What Is Second-Degree Manslaughter? Kim Potter's Charge Over Daunte Wright Shooting Explained

16:15  15 april  2021
16:15  15 april  2021 Source:   newsweek.com

Protests erupt after death of Daunte Wright, 20-year-old Black man shot by police during traffic stop: What we know

  Protests erupt after death of Daunte Wright, 20-year-old Black man shot by police during traffic stop: What we know The police shooting of Daunte Wright during a traffic stop prompted protests Sunday amid an already tense Minnesota during the trial of Derek Chauvin.Daunte Wright's death in Brooklyn Center, Minnesota, comes as Minneapolis, just 10 miles south, was already on edge in the middle of the trial of former police officer Derek Chauvin, facing murder charges in the death of George Floyd.

Kim Potter, the former Brooklyn Center police officer charged with second-degree manslaughter over the fatal shooting of Daunte Wright, could face up to 10 years in prison or a payment fine of up to $20,000—or both.

a man standing in front of a crowd: Demonstrators face off with sheriff deputies during a protest at the Brooklyn Center police station in Minnesota on April 14 following the fatal shooting of Daunte Wright. © Scott Olson/Getty Images Demonstrators face off with sheriff deputies during a protest at the Brooklyn Center police station in Minnesota on April 14 following the fatal shooting of Daunte Wright.

According to the U.S. Department of Justice, manslaughter is defined as "the unlawful killing of a human being without malice" under Section 1112 of Title 18.

"Manslaughter is of two kinds: voluntary and involuntary. Voluntary manslaughter is punishable by imprisonment for not more than ten years or a fine under Title 18, or both, and involuntary manslaughter is punishable by imprisonment for not more than six years, a fine under Title 18, or both," the department says.

Joe Biden Says 'No Justification' For Looting, Violence Amid Unrest Over Daunte Wright Shooting

  Joe Biden Says 'No Justification' For Looting, Violence Amid Unrest Over Daunte Wright Shooting "Peaceful protest? Understandable," the president said.Wright, a Black man, died Sunday after he was shot by a police officer during a traffic stop in the Minneapolis suburb. Outrage quickly gripped the city in the wake of the shooting, with many gathering to hold peaceful protests against the police. However, many also turned to looting, vandalizing dozens of stores in Brooklyn Center and the surrounding areas.

The Revisor's Office of the Minnesota Legislature explains: "A person who causes the death of another" 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" is guilty of second-degree manslaughter.

Such a person "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," the office says.

Wright, a 20-year-old Black man, died on Sunday after he was shot by Potter during a traffic stop in Brooklyn Center, a suburb of Minneapolis.

According to the criminal complaint, Brooklyn Center police officer Anthony Luckey, who was with Potter at the time of the incident, "checked Wright's identification and determined he had a warrant for a gross misdemeanor weapons charge," the statement from the Washington County Attorney's Office said.

Daunte Wright's Dad 'Can't Accept' Claim Officer Kim Potter Shot His Son by Mistake

  Daunte Wright's Dad 'Can't Accept' Claim Officer Kim Potter Shot His Son by Mistake "I lost my son, he's never coming back," Aubrey Wright said after his 20-year-old son was fatally shot during a traffic stop in Minnesota."I can't accept that," Aubrey Wright said in an interview on Good Morning America on Tuesday. "I lost my son, he's never coming back.

Police officials previously said Potter, who had been with the department for 26 years, had mistaken her gun for a Taser.

According to the complaint, "At 2:02 [local time], Potter said 'Taser, Taser, Taser,' and pulled the trigger on her handgun at 2:02:01, firing one round into the left side of the victim," the statement said.

On Monday, the Hennepin County Medical Examiner's Office determined Wright "died of a gunshot wound and the death was a homicide," according to the statement.

Potter was taken into custody by the agents from the Minnesota Bureau of Criminal Apprehension. She was taken to jail where she will await her first court appearance in the shooting death of Wright, the Washington County Attorney's Office said Wednesday.

Other offenses counting as second-degree manslaughter

Other means by which a person who causes the death of another is guilty of second-degree manslaughter include the following, as outlined by the Revisor's Office:

Before he was shot, Daunte Wright called his mother. This is what he said

  Before he was shot, Daunte Wright called his mother. This is what he said Daunte Wright called his mother and told her he got pulled over. When he didn't pick up the phone again, Katie Wright thought maybe her son got arrested. The truth turned out to be much worse.Moments before he was killed, Daunte Wright called his mother and told her he got pulled over. She had no idea it would be the last time she would speak with her son.

  • 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;
  • By setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device;
  • 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;
  • 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.

Related Articles

  • Kim Potter, Daunte Wright Shooter, Instructed Cops After Killing of Kobe Dimock-Heisler
  • Kim Potter, Brooklyn Center Officer Accused of Shooting Daunte Wright, Resigns From Job
  • Questions Arise About How Kim Potter, 26-Year Police Veteran, Could Confuse Gun For Taser

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Kim Potter Faces a Judge for the First Time After Being Charged for Killing Daunte Wright .
The former Brooklyn Center, Minn. police officer charged with second-degree manslaughter in the shooting death of Daunte Wright, 20, electronically faced a judge for the first time Thursday. Kim Potter, 48, is accused of second-degree manslaughter in the Sunday afternoon shooting which various authorities have characterized as unintentional but still criminal. The post Kim Potter Faces a Judge for the First Time After Being Charged for Killing Daunte Wright first appeared on Law & Crime.

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