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Tuesday, January 25, 2022

Here are the charges that face Kimberly Potter.

The criminal complaint filed by prosecutors in Hennepin County, Minn. lists two criminal cases against a former police officer, Kimberly Potter, in connection with the fatal shooting of Deontay Wright during a traffic stop at Brooklyn Center in April. Both counts are felony, but neither is charged with murder.

Credit…Hennepin County Sheriff via The Associated Press

Ms Potter has said the shooting happened by accident and that she thought she was using her Taser, not her pistol, when she pulled the trigger. Prosecutors have not suggested that the shooting was intentional.

The two meanings are distinct and not mutually exclusive; Ms. Potter may be convicted or acquitted of any of the charges, or of both.

Minnesota law also allows a jury to consider finding a defendant guilty of an “involved crime”—a lesser degree of the same offense, or another lesser offense that was proved during the trial—in place of the charge listed in the complaint. .

Here are the allegations:

i count

The way Minnesota law defines first-degree murder is causing the death of someone while committing a lesser crime or attempting to commit a lesser crime—a misdemeanor or felony—in such a way that a reasonable person would die or Can cause great bodily harm.

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Specifically, prosecutors accused Ms Potter of negligent handling or use of a firearm to cause Wright’s death.

First-degree manslaughter is a felony that can carry up to 15 years in prison and a fine of up to $30,000. The standard sentence for someone with a criminal record like Miss Potter would be about seven years.

count II

The way Minnesota law defines second-degree homicide is by creating an unreasonable risk and knowingly causing the death of someone with the potential to cause death or major bodily harm.

Prosecutors accused Ms Potter of doing so while using a firearm.

Second-degree homicide is a felony, punishable by up to 10 years in prison and a fine of up to $20,000. The standard sentence for a person with no prior conviction would be about four years.

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