Kim Potter was not justified in using lethal force against Dante Wright, expert testifies

Seth Stoughton, an associate professor at the University of South Carolina School of Law, testified for the state in the Potter murder trial on Wednesday, calling his actions “excessive and unfair.”

The law professor testified, “The use of lethal force was not justified and the evidence suggests that a reasonable officer in Officer Potter’s position could not believe it was proportional to the threat at the time.”

Stoughton, who also testified at Chauvin’s trial, told jurors that the lethal force used against Wright would have been proportionate but “inappropriate because of the proximity of the two other officers and the traveler.”

“The available evidence leads me to conclude that a reasonable officer in Officer Potter’s position would not have concluded that there was an imminent threat of death or major bodily harm and, thus, that the use of lethal force was excessive, which Not proportionate to the danger. Presented,” Stoughton testified.

“And regardless of whether the proper officer would have considered the imminent danger of death or great bodily harm, the use of lethal force in the circumstances was unjustified by reason of the danger that it posed to the other two officers and to Mr. Wright’s passenger.” The vehicle was gone.”

Potter has been charged with first-degree murder and second-degree murder for the murder of Wright, a 20-year-old black man. Potter, who is White, has pleaded not guilty. He is expected to testify in his defence. Prosecutors said it would rest its case on Thursday.

prosecutors have Argued that Potter was reckless and acted recklessly In understanding your gun for the Taser.

Her defense portrayed the murder as an accident, but argued that she was within her rights to use lethal force to protect another officer – an allegation prosecutors sought to counter Stoughton’s testimony. Of.

The final witness on Wednesday was Wright’s father, Arbue, who burst into tears when prosecutors showed him and his son photos. He recalled looking after his son at a shop – “At work, I was his boss and at home I was your father.”

And the eldest Wright described his son’s happiness on becoming a father. “He was overjoyed,” Arbue Wright recalled. “He loved his son.”

Earlier on Wednesday, a sergeant who trained police officers testified that Potter’s use of the Taser would have been a “fair use of force.”

Brooklyn Center Police Sgt. Michael Peterson, who trains officers on the use of tasers, testified that the use of such a device would be appropriate during right traffic stops, but that officers also used lethal force to deter suspects from trying to turn away. can do.

State witness Peterson testified under cross-examination, for example what type of force to use – a taser or handgun – “has to be done in a very short time”.

“What could be the mistake when someone confuses Taser with a gun?” Defense attorney Paul Engh asked Sgt.

“Okay,” said Peterson.

Peterson said that using a Taser to stop Wright would have been a “fair use of force”.

“If that was a training scenario that was laid out before me or one that I created for my officers, the use of a Taser would have been appropriate in those circumstances,” Sargent told Engh during the cross-examination.

Peterson told jurors that Potter was using a new taser at the time that came out in early 2021. He had never used a Taser on the field before, he testified.

The potter fully trained in the use of tasers and force policy, the commander testifies

On Tuesday, jurors heard from a suburban Minneapolis police commander that Potter had been thoroughly trained in his department’s use of tasers and force policies.

Brooklyn Center Police Cmdr. Garrett Fleissland, who oversees the department’s training, testified for prosecutors that shooting at occupants in a moving car is “rarely effective.” He said firing at a driver could result in the vehicle colliding with “something or someone”.

Minnesota Bureau of Criminal Apprehension Special Agent Sam McGinnis explains the difference between Kim Potter's service weapon and a Taser.

At cross-examination, Fleissland testified that lethal force could be used to rescue an officer arriving in a vehicle in an attempt to prevent a suspect from getting away.

“Potentially yes, but I wasn’t there,” the commander testified, later adding that the threat to another officer leaning in the driver’s seat could be “serious and significant.”

Fleisland testified that Potter was thoroughly trained in the department’s policies on the use of force, including Tasers. He said his most recent training certification on the use of Taser was in March 2021.

Under interrogation by defense attorney Earl Grey, Flesland said of Potter: “He’s a good cop. He’s a good person. He’s a friend. I don’t care about calling with him.”

The prosecution objected—and the judge upheld the objection—after hearing the jury’s statements.

Earlier on Tuesday, Potter told the court that she wants the judge, not the jury, to decide whether she should be given a higher-than-normal sentence if convicted.

Investigator outlines the difference between a gun and a Tasero

Earlier this week a Minnesota state investigator outlined key differences between a Potter’s service weapon and a Taser.

Minnesota Bureau of Criminal Appearance Special Agent Sam McGinnis described the differences between Tasers and guns in appearance, weight and position on Potter’s utility belt on Monday. McGinnis is a state investigative agent responsible for reviewing police shootings.

During questioning by prosecutors, McGinnis said, “The Taser is yellow, the gun is black.” “The Tser has a stocky body compared to a Glock handgun. The Taser’s grip is shorter and wider than that of the Glock.”

A Taser is shown on the left and a Glock on the right.

McGinnis’ analysis of the two arms revealed a significant difference in weight. Potter’s Glock handgun weighed 2.11 pounds, McGinnis said, compared to his Taser which weighed less than a pound. McGinnis said this meant the Glock with gunpowder weighed twice as much as the Taser.

The state investigator also described the difference in the methods of firing the two weapons.

“The Glock trigger is curved,” McGinnis told the jury. “The Taser trigger is flat with a few serrations cut out. The Taser has an external, I think, ‘on’ (and) ‘off’ switch safety. The Glock doesn’t.”

McGinnis also testified that he took photographs of Potter after the shooting, which showed he held his shotgun and Taser on opposite sides of his body.

“His shotgun was on its dominant side, which you have to use your right hand to pull off,” he said, adding that his holster had a snap retention system to keep the gun in his holster.

In contrast, the Taser had the holster on his left and he needed to push the lever with his left hand to pull it off the holster.

Wright died of a single shot in the chest, says medical examiner

Assistant Medical Examiner in the Hennepin County Medical Examiner’s Office, Dr. Lauren Jackson said Potter killed Wright with a shot in the chest.

Jackson said Monday that the only cause of Wright’s death was a gunshot wound and that his method of death was homicide.

“Was it a living injury?” The prosecutor asked Jackson.

Kim Potter's ex-supervisor says she didn't have the right to use lethal force against Right

“No,” she replied. He told the jury that the survival time for such an injury would only be seconds to minutes.

Shortly after the shooting, Wright’s car came into the middle of traffic and collided with an occupied vehicle.

Jackson testified Monday, Wright had superficial, blunt force injuries to his face, including abrasions and wounds to the lip. Yet he confirmed that the only cause of death was the bullet wound in Wright’s heart.

CNN’s Julia Jones, Brad Parks, Kim Berryman, Josh Campbell, Eric Levenson and Amir Vera contributed to this report.

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