Judge: Potter attorney request denied, 1st-degree manslaughter charge stands
![Kimberly Ann Potter](https://kstp.com/wp-content/uploads/2021/10/kstp_1280KimPotterMugHC-3.jpg)
Kimberly Ann Potter[Hennepin County Jail]
A Minnesota judge has denied a defense request to dismiss the most serious charge against former Brooklyn Center police officer Kim Potter who said she meant to use a Taser instead of a handgun when she fatally shot Daunte Wright.
Potter will stand trial in Hennepin County on first- and second-degree manslaughter charges in the death of Wright, who was shot after being stopped April 11 for a traffic violation.
Potter was initially charged with second-degree manslaughter, which requires a finding that she acted with "culpable negligence" in Wright’s death.
Prosecutors later added a first-degree manslaughter count against Potter, alleging she recklessly handled a firearm and endangered Wright’s safety when death or great bodily harm was reasonably foreseeable.
In allowing the first-degree manslaughter charge, Hennepin County Judge Regina Chu said Wednesday that she only had to view the evidence in the light most favorable to the prosecution and make a finding of "probable cause," meaning it was more probable than not that a crime was committed.
For a conviction on the first-degree charge, a jury would have to find that Potter was aware of the risk of killing Wright and "made a conscious decision to act without regard" to the risk, Chu wrote.
The maximum sentence for first-degree manslaughter is 15 years and a $30,000 fine and for second-degree manslaughter, it’s 10 years and a $20,000 fine.
Body camera video showed Potter yelled, "Taser!" but fired her service weapon, killing the 20-year-old Wright as he tried to get back into his car during a traffic stop in April.
According to a police report filed at the time, Potter said thought she’d grabbed her Taser instead of a gun.
On evidentiary matters, Chu ruled that Wright’s criminal record and allegations, including that he shot someone in the head, was a member of a street gang, assaulted and robbed a man in March and was subject to restraining orders, may only be admissible if Potter was aware of Wright’s prior conduct.
The Associated Press contributed to this report.