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Court documents made public Thursday lay out the potential defense strategy for former suburban Minneapolis police officer Kimberly Potter's November trial in the shooting death of Daunte Wright.
The 49-year-old Minnesotan is charged with both first-degree manslaughter and second-degree manslaughter.
KIM POTTER ASKS COURT TO DISMISS 1ST-DEGREE MANSLAUGHTER CHARGE
The former Brooklyn Center officer, who is White, has said she meant to use a Taser instead of a handgun during the April 11 traffic stop when she shot and killed the 20-year-old Black motorist.
Attorneys for Potter said they might argue that Wright's death – which sparked several nights of protests – was an innocent accident or innocent mistake and could argue that Potter’s "perceived use of a Taser was reasonable" and that there is a lack of causation, or that Wright is also partially to blame in his own death.
Attorney Paul Engh said the 26-year veteran might present other defenses as additional evidence is reviewed.
This undated booking photo released by the Hennepin County, Minnesota, Sheriff shows Kim Potter, a former Brooklyn Center, Minnesota, police officer. (Hennepin County Sheriff via AP)
In addition, the defense has asked for the charge of first-degree manslaughter to be dismissed, which alleges that Potter recklessly handled a firearm and endangered Wright's safety, with death or great bodily harm reasonably foreseeable.
Engh said that when Potter shouted "Taser!" three times, it was evident that she believed she was using her Taser and not her gun, indicating that Potter was not aware that she was about to create a risk of harm to Wright or couldn't have been aware of the risk and ignore it.
"What the jury will see and hear about instead is an accident," he wrote. "And a police officer’s accidental shot is not a crime."
Engh said the facts of the case don't fit either charge against Potter.
MINNESOTA ATTORNEY GENERAL UPGRADES CHARGES AGAINST EX-COP KIM POTTER IN DAUNTE WRIGHT SHOOTING
"The State can’t prove any offense by playing the video, which shows an accident," Engh wrote. "The prosecution can’t win on Officer Potter’s shouts of ‘Taser, Taser, Taser,’ words meaning she was going to use her TASER, so as to not harm Mr. Wright. Nor for reasons of her enormous after-the-fact regret of what could not have been a conscious act."
Conversely, prosecutors have argued that there is evidence to prove both charges at trial, where the case will be decided by a jury, and say that Potter "consciously and intentionally acted in choosing to use force ... in reaching for, drawing, pointing, and manipulating a weapon."
Engh is reportedly also taking issue with Seth Stoughton, a prosecution use-of-force expert and a professor at the University of South Carolina School of Law, who Engh asserts has put forth a false narrative that Potter should have let Wright drive away, presuming he would be arrested later.
Officers were trying to arrest Wright on a gross misdemeanor warrant, according to Fox 9, when body camera footage captured Potter. The video was released on April 12.
Engh argued that Wright created a dangerous situation as he tried to drive away.
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"Officer Potter could not ignore Mr. Wright’s danger. He had to be arrested," Engh wrote.
Fox 9 notes that prosecutors plan to submit evidence showing Potter using her Taser in the past without incident and are arguing for a stiffer sentence if she is convicted.
Potter's trial is scheduled for Nov. 30, 2021.
The Associated Press contributed to this report.
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