WATCH: Kim Potter Taken Into Custody After Lawyer Begs Judge Not to Lock Her Up
Kim Potter, the former Brooklyn Center, Minnesota, police officer, was taken into custody after she was convicted on Thursday of both first-degree and second-degree manslaughter for fatally shooting Daunte Wright earlier this year during a traffic stop.
Potter’s lawyer, Earl Gray, argued for Potter to be released on her $100,000 bail pending sentencing, which was scheduled for Feb. 18:
She is amenable to probation. Her remorse and regret for the incident is overwhelming. She’s not a danger to the public whatsoever. She has made all her court appearances, including all appearances in the court. It is a Christmas holiday season. She is a devoted Catholic, no less, and there is no point to incarcerate her at this point in time because (A) you haven’t decided what the sentences going to be; (B) the dispositional departure arguments are quite strong in this case; and (C) It’s not necessary for the preservation of public safety.
For those reasons, she should not be incarcerated whatsoever pending sentencing. You can certainly do it after sentencing, but this is a rather unique case of someone who has law enforcement experience and was never in trouble all her life and is 49, which is beyond the age of most defendants that you see.
Plus, she has deep roots in the community and her family is here and there is no evidence that she would flee. So we respectfully ask you to change your mind as to whether she needs to be incarcerated right now.
Another one of Potter’s lawyers, Paul Engh, said that his client is “not going to run.”
“She obviously is not going to commit any more crimes,” he continued. “She’s been convicted of an accident, she’s been convicted of being reckless.”
“My gosh, she’s got a $100,000 bail,” added Engh. “She’s not going to commit another crime. She’s not going anywhere.”
Prosecutor Matthew Frank requested that Potter be taken into custody pending sentencing.
“The convictions here are for manslaughter in the first degree, manslaughter in the second degree, based on the death of Daunte Wright, a young man. In other words, it’s a case that involves a death. They are very serious charges,” he said. “It is customary for defendants to be taken into custody upon a guilty verdicts for those with levels of crimes. And we don’t think this case should be any differently.”
Frank noted that Potter no longer lives in Minnesota.
Gray responded that Potter had “no criminal intent” to fatally shoot Wright, though it was a case of “reckless and culpable negligence” and therefore asked the judge, Regina Chu, that Potter be out on her bail until sentencing in which she will “reappear.”
“The presumptive sentences in this case are commits, and I am going to require that she be taken into custody and held without bail,” she said. “And I’ve recognized your arguments, Mr. Engh and Mr. Gray, but I cannot treat this case any differently than any other case.”
Potter faces a maximum 15 years in prison, though, in accordance with Minnesota law, could be released after serving two-thirds of her sentence and one-third of supervised release – on good behavior.
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