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Potter arrested

BigBucnNole

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Jan 15, 2021
Messages
1,976
Cop who allegedly accidently grabbed her gun and pulled the trigger instead of a taser is arrested on 2nd degree manslaughter.


Here's the actual statute:


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:


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.
 

BurntJ

NATIONAL CHAMP/WORLD SERIES CHAMP (DOUBLE CHAMP)
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Joined
Jan 9, 2021
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2,887
Phew, I was worried Harry went down.
This was literally the ONLY Potter I could think of. And then I thought.....damn this was (on Pedophilia) has gone all WRONG when they start ARRESTING the kids for PEDOWOOD DIDDLING them. (Clearly Joe Biden is PEDOUS)
 

JordanPetersHorn

I’m a Fucking Captain Dammit
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Didn’t read the story because I’m between things but if you’re in a situation where a cop is drawing their gun or taser on you then you’re usually already in the wrong anyway
 

Detective John Kimble

Stop whining!
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Messages
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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.


Here's the actual statute:


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:


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.
Based on the definitions, she didn’t commit second degree manslaughter. Number 2 doesn’t apply whatsoever. Only 1 might. Read number 1 closely. “whereby the person creates an unreasonable risk” - that’s debatable. He created the risk in my opinion. “and consciously takes chances of causing death or great bodily harm to another” - she didn’t consciously take chances of causing death or great bodily harm. In fact, she has admitted that she thought she was holding her taser.

edit: I didn’t notice before that you reached the same conclusion.
 

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