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Attorneys for Kim Potter, a former Minneapolis police officer convicted of first-degree manslaughter in the death of Daunte Wright, are seeking a shorter sentence for their client.
Potter's attorneys are requesting less than the usual sentence, including only probation after prosecutors recommended a sentence of slightly more than seven years in prison. Potter, 49, who said she confused her handgun for her Taser when she fatally shot Wright, a 20-year-old Black man, is set to be sentenced Friday.
Potter was convicted of first and second-degree manslaughter in December. She and another officer she was training, Anthony Luckey, stopped Wright, 20, on April 11, 2021, for expired license tags. The officers discovered Wright had an outstanding warrant for a weapons charge. Luckey tried to remove Wright from his vehicle and arrest him, but Wright was able to get out of his grasp and back into his car.
Potter warned Wright that she would tase him. When he was about to drive away, Potter drew what she said she thought was her Taser and fired, fatally shooting Wright. Footage from body cameras and a dashboard camera showed that after the gun was fired, Potter said, "I just shot him...I grabbed the wrong (expletive) gun!"
Potter's attorneys said before Potter's manslaughter trial that had Wright obeyed commands, he would have been alive and argued that Wright was the aggressor.
Potter's attorney has argued that their client has no criminal record, is remorseful, and has had a good career. They said she has the support of family and friends, and since she is not a police officer anymore, her risk of committing the same crime is low.
Prosecutors submitted a sentencing memorandum Tuesday, recommending the sentence of just a little over seven years. The "presumptive sentence" reflects the "seriousness of the loss" of Wright's life and the "culpability of the Defendant's recklessness in causing" Wright's death, Assistant Attorney General Matthew Frank wrote. Frank said the sentence also took into account that Potter has no criminal history.
A probationary sentence for Potter is not warranted because she lacks proof showing she is amenable to probation, according to the memorandum. Potter does not provide reasoning as to why her remorse should support a probationary sentence other than citing case law, the memorandum says. Frank wrote that Potter must be remorseful for the wrongfulness of the conduct towards those harmed which may not have been sufficiently shown, and also show that probation benefits not just her, but society.
Potter will only be sentenced on her most serious conviction of first-degree manslaughter under a Minnesota statute, according to the Associated Press. State sentencing guidelines call for a penalty anywhere from a little over six years to approximately 8 and a half years. While they are advisory, judges can't go outside the sentencing range unless they have a compelling reason.
Update 02/16/22, 6:07 p.m. ET: This article was updated to include more information.
