Kim Potter gets a 2-year sentence — less than prosecutors and Wright’s family requested
CNN —
Kim Potter, the former Minnesota police officer who mistakenly drew a gun instead of a Taser and fatally shot Daunte Wright during a traffic stop, was sentenced on Friday to two years in prison.
The sentence comes nearly two months after Potter was convicted of first- and second-degree manslaughter. Prosecutors had requested seven years and two months while Potter’s attorneys argued for a lesser sentence, pointing to her lack of a prior criminal history and remorse for Wright’s death.
Potter will be required to serve two-thirds of her sentence in prison, or 16 months, according to state law. With good behavior, she will be eligible for supervised release for the remaining third.
Hennepin County Judge Regina Chu called the sentence “an extremely difficult decision.”
In justifying it, she pointed to several mitigating factors, saying it was undisputed that Potter never intended to use her gun. Chu told the court she took into account the four reasons for incarceration – retribution, incapacitation, deterrence and rehabilitation – saying retribution would be the only purpose served in Potter’s case.
“There rightfully should be some accountability,” she said.
But Potter is a “cop who made a tragic mistake,” the judge added. “She drew her firearm thinking it was a Taser, and ended up killing a young man.”
Pool
Kim Potter’s inexcusable mistake
She called this case “highly unusual,” noting two other cases involving police officers tried in that court.
“The other officer cases tried in this court are distinguishable,” she said, alluding to the cases of Derek Chauvin, who was convicted of murdering George Floyd, and Mohamed Noor, who was convicted in the death of Justine Ruszczyk.
“This is not a cop found guilty of murder for using his knee to pin down a person for nine and a half minutes as he gasped for air,” she said. “This is not a cop found guilty of manslaughter for intentionally drawing his firearm and shooting across his partner and killing an unarmed woman who approached his squad.”
Wright’s family was “completely stunned” by the sentence, their attorney Ben Crump said in a statement.
“While there is a small sense of justice because she will serve nominal time, the family is also deeply disappointed there was not a greater level of accountability,” the statement said. “The Judge’s comments at sentencing showed a clear absence of compassion for the victim in this tragedy and were devastating to the family.”
Shortly before she was sentenced, Potter tearfully apologized to Wright’s family, saying, “I am so sorry that I brought the death of your son, father, brother, uncle, grandson, nephew, and the rest of your family,” adding, “I’m sorry I broke your heart.”
“I do pray that one day you can find forgiveness,” the former officer said, “only because hatred is so destructive to all of us.”
After Friday’s hearing, Wright’s mother told reporters her family was “very disappointed” with the sentence.
“This is the problem with our justice system today. White women tears trumps justice,” Katie Wright said. She thought her own “White woman tears would be good enough,” she said, “because they’re true and genuine.”
Wright’s father similarly expressed his strong discontent with Potter’s sentence. “I feel cheated, I feel hurt,” he said.
“They were so tied up into her feelings and what’s going on with her,” Arbuey Wright said, referring to Potter, “that they forgot about my son being killed.”
Earlier Friday morning, Wright’s parents, two siblings and the mother of his child stood at a podium in court and urged the judge to impose the maximum possible sentence. Wright’s mother said Potter was a “police officer that took an oath to serve and protect for 26 years.”
“But not on this day. On this day, she did not protect,” she said. “She failed Daunte, our family and our community.”
Photos: Protests after Daunte Wright’s shooting
Nick Pfosi/Reuters
People hold their phones up while protesting outside the Brooklyn Center Police Department on Friday, April 16.
Photos: Protests after Daunte Wright’s shooting
John Minchillo/AP
A demonstrator presses their hands against a perimeter security fence outside the Brooklyn Center Police Department. The fence is adorned with car air fresheners symbolic to the shooting death of Daunte Wright. Moments before police fatally shot Wright during a traffic stop Sunday, he called his mother and told her he’d been pulled over for hanging air fresheners from his rearview mirror. Minnesota is one of at least several states with laws that prohibit hanging items from a vehicle’s rearview mirror or affixing them to the windshield on the grounds that they could obstruct the driver’s vision. Brooklyn Center Police Chief Tim Gannon told reporters that Wright was originally pulled over for an expired tag and that when officers approached his car, they saw an item hanging from the rearview mirror. Officers ran Wright’s name and found a gross misdemeanor warrant, Gannon said.
Photos: Protests after Daunte Wright’s shooting
Chandan Khanna/AFP/Getty Images
Demonstrators protect themselves with umbrellas against tear gas and pepper balls.
Photos: Protests after Daunte Wright’s shooting
Brandon Bell/Getty Images
Law enforcement patrol an intersection near the Brooklyn Center police headquarters.
Photos: Protests after Daunte Wright’s shooting
John Minchillo/AP
Demonstrators gather outside the Brooklyn Center Police Department in response to the shooting of Daunte Wright on Thursday, April 17.
Photos: Protests after Daunte Wright’s shooting
Jeff Wheeler/AP
A message is projected onto the barrier separating demonstrators from police.
Photos: Protests after Daunte Wright’s shooting
Scott Olson/Getty Images
Demonstrators hold their hands up as they protest outside of the Brooklyn Center Police Department on Wednesday.
Photos: Protests after Daunte Wright’s shooting
Nick Pfosi/Reuters
Pepper spray is used from behind the fenced perimeter of the Brooklyn Center Police Department on Wednesday.
Photos: Protests after Daunte Wright’s shooting
John Minchillo/AP
A demonstrator is seen behind umbrellas.
Photos: Protests after Daunte Wright’s shooting
Stephen Maturen/Getty Images
A law enforcement officer points a projectile weapon through fencing outside the police headquarters.
Photos: Protests after Daunte Wright’s shooting
Leah Millis/Reuters
A person gets their eyes washed out after the police released chemical irritants on protesters on Wednesday.
Photos: Protests after Daunte Wright’s shooting
Kerem Yucel/AFP/Getty Images
A customer steps out of a store Wednesday that was boarded up as a result of the previous night’s unrest.
Photos: Protests after Daunte Wright’s shooting
John Minchillo/AP
Demonstrators take cover from crowd-dispersal munitions that were deployed outside the Brooklyn Center Police Department on Tuesday.
Photos: Protests after Daunte Wright’s shooting
John Minchillo/AP
Authorities advance on demonstrators gathered outside the Brooklyn Center Police Department on Tuesday.
Photos: Protests after Daunte Wright’s shooting
Stephen Maturen/Getty Images
People confront law enforcement Tuesday outside an apartment complex near the Brooklyn Center Police Department.
Photos: Protests after Daunte Wright’s shooting
Nick Pfosi/Reuters
Activists raise their arms as they confront State troopers, National Guard members, and other law enforcement officers on Tuesday.
Photos: Protests after Daunte Wright’s shooting
Scott Olson/Getty Images
A police officer pepper-sprays demonstrators on Tuesday.
Photos: Protests after Daunte Wright’s shooting
John Minchillo/AP
Katie Wright, Daunte Wright’s mother, speaks during a news conference on Tuesday.
Photos: Protests after Daunte Wright’s shooting
Carlos Gonzalez/Star Tribune/AP
Protesters gather at the Brooklyn Center Police Department on Monday.
Photos: Protests after Daunte Wright’s shooting
Harrison Hill/USA Today Network
Protesters raise their hands in front of the Brooklyn Center Police Department on Monday.
Photos: Protests after Daunte Wright’s shooting
Nick Pfosi/Reuters
Some protesters advance toward officers Monday using umbrellas as shields.
Photos: Protests after Daunte Wright’s shooting
Leah Millis/Reuters
Members of the National Guard watch as protesters hold hands during a rally outside the Brooklyn Center Police Department on Monday.
Photos: Protests after Daunte Wright’s shooting
Christopher Mark Juhn/Anadolu Agency/Getty Images
Minnesota state troopers stand guard during Monday’s protests in Brooklyn Center.
Photos: Protests after Daunte Wright’s shooting
Stephen Maturen/Getty Images
A memorial pays tribute to Daunte Wright in the neighborhood where he was shot and killed.
Photos: Protests after Daunte Wright’s shooting
John Minchillo/AP
A demonstrator taunts authorities on Monday.
Photos: Protests after Daunte Wright’s shooting
Chris Tuite/ImageSPACE/Shutterstock
A memorial is installed at the location where Daunte Wright was killed.
Photos: Protests after Daunte Wright’s shooting
Richard Tsong-Taatarii/Star Tribune/AP
A protester confronts a police officer during a rally on Monday.
Photos: Protests after Daunte Wright’s shooting
Richard Tsong-Taatarii/Star Tribune/AP
Another protester confronts police in Brooklyn Center.
Photos: Protests after Daunte Wright’s shooting
Christian Monterrosa/AP
Protesters gather in front of the Brooklyn Center police station on Sunday.
Photos: Protests after Daunte Wright’s shooting
Stephen Maturen/Getty Images
Police form a line as demonstrators gather in Brooklyn Center on Sunday.
Photos: Protests after Daunte Wright’s shooting
Carlos Gonzalez/Star Tribune/AP
People run as police try to disperse a crowd at the Brooklyn Center Police Department on Sunday.
Photos: Protests after Daunte Wright’s shooting
Kerem Yucel/AFP/Getty Images
Protesters shout “don’t shoot” while kneeling and raising their arms in front of police on Sunday.
Photos: Protests after Daunte Wright’s shooting
Christopher Mark Juhn/Anadolu Agency/Getty Images
Relatives of Daunte Wright react in Brooklyn Center on Sunday.
Photos: Protests after Daunte Wright’s shooting
Carlos Gonzalez/Star Tribune/AP
A man stands atop a police car after throwing a brick at its windshield on Sunday.
Photos: Protests after Daunte Wright’s shooting
Stephen Maturen/Getty Images
A vehicle is towed away from the scene where Wright was killed on Sunday.
Photos: Protests after Daunte Wright’s shooting
Stephen Maturen/Getty Images
People embrace Wright’s mother, Katie, as protesters gathered on Sunday.
Photos: Protests after Daunte Wright’s shooting
Chris Tuite/ImageSPACE/MediaPunch/IPX/AP
Protesters clash with police on Sunday.
Minnesota Attorney General Keith Ellison asked Chu to impose the presumptive sentence of 86 months in a sentencing memo filed Tuesday. That sentence, he wrote, would reflect the “seriousness of the loss of (Wright’s) life” as well as Potter’s “culpability” in causing Wright’s death.
“It must always be remembered first and foremost that this case is about the death of Daunte Wright,” the memo said, describing the young father as a “living, breathing human being, who loved, and was loved by his family and friends.”
Under Minnesota law, an offender convicted of two or more charges from the same act is sentenced on their most serious conviction. The maximum penalty for first-degree manslaughter predicated on reckless use/handling of a firearm is 15 years in prison and/or a $30,000 fine.
However, under the state’s sentencing guidelines, a judge has discretion to sentence convicted offenders with no prior criminal history, like Potter, to between roughly six- and eight-and-a-half years in prison.
Potter has been incarcerated since her conviction at a correctional facility in Shakopee, about 25 miles southwest of Minneapolis, according to records from the Minnesota Department of Corrections.
The shooting occurred as Derek Chauvin stood trial in Minneapolis for murdering George Floyd and prompted days of unrest in Brooklyn Center, reigniting demonstrations in a metropolitan area that has time and again found itself the epicenter of conversations about policing and use of force.
Wright was pulled over by police on April 11 for an expired tag and illegal air freshener, according to authorities. During the stop, police learned Wright had an outstanding warrant, and when Potter and a trainee officer attempted to arrest him, Wright tried to drive off.
“Holy sh*t! I just shot him,” she said, per the video, adding, “I grabbed the wrong f**king gun, and I shot him.”
Potter resigned from the police department days later.
Amir Locke’s parents say their son got a gun legally, but they always worried about interactions with police
Potter’s trial focused on her fatal error: Prosecutors attributed it to Potter’s recklessness and negligence, while defense attorneys argued it was an honest, tragic mistake – but not a crime.
“Accidents can still be crimes if they occur because of recklessness or culpable negligence,” Assistant Minnesota Attorney General Erin Eldrige said in her closing argument. “It’s not a defense to the crimes charged.”
Potter’s attorney Earl Gray argued the former officer was within her rights to use deadly force to protect a fellow officer, who was reaching into the vehicle when Wright attempted to drive away.
More than 30 witnesses testified during eight days of testimony, including Potter, who broke down in tears as she described the shooting and the moments leading up to it, telling the court, “I didn’t want to hurt anybody.”
“I was very distraught. I just shot somebody. I’m sorry it happened,” she said after a prosecutor asked about her behavior following the shooting. “I’m so sorry.”
The jury ultimately found Potter guilty after deliberating for about 27 hours.