Jury In Kim Potter Case Asks Judge 2 Questions

MINNEAPOLIS — The jury in the manslaughter trial of former Brooklyn Center police officer Kim Potter submitted two questions for Judge Regina Chu at 4 p.m. Tuesday. The jury had been in deliberations for over 12 hours.

The first question was the following: "If the jury cannot reach consensus, what is the guidance around how long and what steps should be taken?"

"I'm going to reread to you the instruction that I previously gave you," Judge Chu answered. Judge Chu said that each jury member should be open-minded but hold firm to their honest opinions on the case.

The 12-person jury must come to a unanimous decision on both charges.

The second question from the jury was the following: "Can the zip ties be removed from exhibit 199 (Potter's gun) so that it can be held out of the evidence box?"

Judge Chu responded "yes" to the second question and provided additional guidelines for handling the exhibit.

After the questions were answered in court Tuesday, the jury was asked to continue deliberations.

Potter faces first and second-degree manslaughter charges in the fatal April 11 shooting of 20-year-old Daunte Wright during a traffic stop.

Trial arguments concluded Monday after the state and defense gave their closing statements. The jury will deliberate until 6 p.m. If they have not agreed on a verdict, deliberations will continue Tuesday.

Both the state and the defense hope to have made a lasting impression on the jury with their final arguments, which offered competing theories for who is most to blame in Wright's death.

Wright's death was "entirely preventable," state prosecutor Erin Eldridge said Monday. "[Potter] drew a deadly weapon. She aimed it. She pointed it at Daunte Wright's chest, and she fired."

Meanwhile, the defense argued that Wright is to blame for his own death because he resisted arrest and fled in his vehicle, causing a dangerous situation.

"Daunte Wright caused his own death, unfortunately," Potter's attorney, Earl Gray, told jurors. Wright's actions caused "chaos," he added.

Possible punishment if Potter is found guilty

If convicted of the first degree, Potter faces up to 15 years in prison. If convicted of the second degree, she faces up to 10 years in prison.

If convicted of both degrees, Potter's sentences will run concurrently. In other words, she would still only serve a maximum of 15 years in prison.

Below are the excerpts of Minnesota law that are applicable in this case.

609.20 (2) MANSLAUGHTER IN THE FIRST DEGREE.

Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both:

(2) violates section 609.224 and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby;

609.205 (1) 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

Former Minneapolis police officer Mohamed Noor is currently serving a 57-month prison sentence after he was convicted of second-degree manslaughter in the July 2017 shooting death of Justine Ruszczyk Damond.

Noor was resentenced earlier this year after the Minnesota Supreme Court overturned his murder conviction. His manslaughter conviction remains in place.

Reporting from the Associated Press was used in this story.