BigBucnNole
Elite
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- Jan 15, 2021
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Cop who allegedly accidently grabbed her gun and pulled the trigger instead of a taser is arrested on 2nd degree manslaughter.
nypost.com
Here's the actual statute:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or
(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.
If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.
Based on everything so far, it's either 1 or 2. An accident would by default mean "not consciously" and I also don't think she thought the guy was a deer. It'll be interesting to see how this pans out.
Interesting 2013 article on the DA:
www.startribune.com
Orput personally has tried more than 200 felony cases, many of them high-profile murders. He has won most of them on the strength of good police work, he said. He's a former U.S. Marine, having served in Vietnam in the closing months of the war, and said his drive for justice and his take-no-prisoners leadership style began with "follow me" Marine training.
"He's dangerous, and I mean that as a compliment," said criminal defense attorney Ryan Pacyga, who opposed Orput in court on a recent shooting case. "He's got personality so he can level with a jury and talk with them like a human being. He's a worthy adversary but he will always treat you with class."
At 57, Orput has had top legal jobs at the Minnesota Department of Corrections and the state attorney general's office. He campaigned for the Washington County office in 2010 to replace the retiring Doug Johnson and swept to a win on promises that included a renewed alliance with the Sheriff's Office and city police departments.
Kimberly Potter arrested, will be charged with manslaughter in Daunte Wright shooting
Kimberly Potter, the former Minnesota police officer who fatally shot Daunte Wright after mistakenly drawing her gun instead of her Taser, was arrested Wednesday and will be charged with second-deg…
nypost.com
Here's the actual statute:
Sec. 609.205 MN Statutes
www.revisor.mn.gov
609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or
(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.
If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.
Based on everything so far, it's either 1 or 2. An accident would by default mean "not consciously" and I also don't think she thought the guy was a deer. It'll be interesting to see how this pans out.
Interesting 2013 article on the DA:
Pete Orput: Prosecutor at large
The Washington County attorney is about to try two high-profile murder cases, including a controversial one in Little Falls.
www.startribune.com
Orput personally has tried more than 200 felony cases, many of them high-profile murders. He has won most of them on the strength of good police work, he said. He's a former U.S. Marine, having served in Vietnam in the closing months of the war, and said his drive for justice and his take-no-prisoners leadership style began with "follow me" Marine training.
"He's dangerous, and I mean that as a compliment," said criminal defense attorney Ryan Pacyga, who opposed Orput in court on a recent shooting case. "He's got personality so he can level with a jury and talk with them like a human being. He's a worthy adversary but he will always treat you with class."
At 57, Orput has had top legal jobs at the Minnesota Department of Corrections and the state attorney general's office. He campaigned for the Washington County office in 2010 to replace the retiring Doug Johnson and swept to a win on promises that included a renewed alliance with the Sheriff's Office and city police departments.
