Kim Potter To Testify In Trial After Jury Hears Fatal Shooting Was An Action Error

Ex-cop Kim Potter broke down and wept on the witness stand at her trial as she re-lived the moment she yelled 'Taser! Taser! Taser!' and shot Daunte Wright dead.

Taking the stand Friday Potter recalled how the April 11 traffic stop devolved into 'chaos' and ended with her grabbing her gun and fatally shooting the 20-year-old.

Her voice shaking and catching she said: 'We were struggling, we were trying to keep him from driving away. It just went chaotic. 

'And then I remember yelling, 'Taser! Taser! Taser!' and nothing happened....and then, he told me I shot him.'

As she uttered the words Potter, 49, put her hands over her face and wept.

In the moments leading up to the shooting, she recalled, both her trainee Officer Anthony Luckey and Sergeant Mychal Johnson who arrived to provide back-up had told Wright that he was under arrest. 

Former Brooklyn Center officer Kim Potter broke down in tears as she testified in her trial Friday, hoping to persuade jurors to acquit her of manslaughter charges in what she has said was a gun-Taser mix-up

Former Brooklyn Center officer Kim Potter broke down in tears as she testified in her trial Friday, hoping to persuade jurors to acquit her of manslaughter charges in what she has said was a gun-Taser mix-up

Potter became emotional as she recalled shooting 20-year-old Daunte Wright during a fatal traffic stop on April 11 Kim Potter

Potter became emotional as she recalled shooting 20-year-old Daunte Wright during a fatal traffic stop on April 11

Earlier in the trial, jurors were shown body cam and dash cam footage of the dramatic moment Potter shot Wright dead after 'accidentally' pulling out her gun instead of her taser

Earlier in the trial, jurors were shown body cam and dash cam footage of the dramatic moment Potter shot Wright dead after 'accidentally' pulling out her gun instead of her taser 

'Officer Luckey had him put his hands behind his back…[he] started to say something about, 'Don't do that, Don't tense up, Stop doing that,' and then it just went chaotic,' she said. 

'I remember a struggle with Officer Luckey and the driver at the door, the driver was trying to get back into the car.

'I went around Officer Luckey as they were trying to get back in the door, and I was between the door and Officer Luckey.'

Potter did not use Wright's name once, referring to him only as 'the driver.' 

She continued: 'They're still struggling, and I can see Sgt. Johnson and the driver struggling over the gear stick because I can see Johnson's hand.

Crying she recalled: 'And then I can see his face. He had a look of fear on his face... it's nothing I'd seen before.' 

Potter later recounted the events that immediately followed the shooting. 

Body camera footage shown to the court earlier in the trial had shown Potter reacting hysterically and crying that she was 'going to prison' after realizing she had fired her gun.  

When asked about her comments she replied: 'I don't remember what I said,' before choking up again. 

'They had an ambulance for me - I don't know why - and then I was at the station. I don't remember a lot of things afterwards,' she added. 

When asked if she remembered saying 'something about prison', she replied: 'No.' 

Body cam footage showed a struggle ensued between Wright (pictured) and the officers when they tried to arrest him after learning he had an outstanding warrant

Body cam footage showed a struggle ensued between Wright (pictured) and the officers when they tried to arrest him after learning he had an outstanding warrant

Dash cam also captured the struggle that broke out between the officers and Wright after he had jumped back into his car while cops were trying to apprehend him

Dash cam also captured the struggle that broke out between the officers and Wright after he had jumped back into his car while cops were trying to apprehend him 

Potter and her trainee, rookie officer Anthony Luckey initially stopped Wright for having an air-freshener hanging from his rear view mirror and expired tags

Potter and her trainee, rookie officer Anthony Luckey initially stopped Wright for having an air-freshener hanging from his rear view mirror and expired tags

Earlier, questioned by her attorney Earl Gray, Potter had recounted the events of the day.

Had she been alone and not working as a field training officer, she said she probably would not have stopped Wright.

It was her trainee, Officer Luckey who initiated the stop having seen an air-freshener hanging from the rear-view mirror and noting that the tags had expired.

When asked if she would have made the call to pull Wright over for such an offense if she was working alone, Potter replied: 'Most likely not.' 

Anthony Luckey, Kim Potter's trainee and witness to the shooting of Daunte Wright testified on the first day of trial

Anthony Luckey, Kim Potter's trainee and witness to the shooting of Daunte Wright testified on the first day of trial

Potter explained: 'An air freshener to me is just an equipment violation and during the high covid times the Department of Motor Vehicles were so offline, people weren't getting tags, and we were advised not to enforce those sorts of things because the tags just weren't available.'

But after they found that Wright had a bench warrant for a weapons violation, they were required, Potter said, to arrest him because the warrant 'was an order of the court.'

She said they were also required to find out who Wright's female passenger was, because a woman - a different one, it turned out - had taken out a restraining order against him.

She told how a check showed that the licensed driver – Wright's brother – had a warrant for a minor drug offense.  

A check on Wright himself revealed that he was driving with a suspended license and had an outstanding bench warrant for a gross misdemeanor weapons violation as well as being the subject of a protection order.

Luckey told her that there was a heavy smell of marijuana from the car.

Potter told the jury that the weapon charge heightened her concern that there might be weapons in the car or on the driver.

Traffic stops were, she said, inherently dangerous which is why she stepped out to provide cover, 'Sometimes there's guns in the car sometimes there's uncooperative people, you don't know who you're stopping.' 

Within minutes of cross examination resuming after a lunch break, Potter was weeping uncontrollably on the stand

Within minutes of cross examination resuming after a lunch break, Potter was weeping uncontrollably on the stand

The former officer appeared increasingly harrowed, twitching and closing her eyes as the cross examination continued

The former officer appeared increasingly harrowed, twitching and closing her eyes as the cross examination continued

Prosecutor Erin Eldridge was unmoved by the weeping woman on the stand during a dramatic cross examination

Prosecutor Erin Eldridge was unmoved by the weeping woman on the stand during a dramatic cross examination 

'The plan was for Officer Luckey to get the driver into custody for the warrant and for us to find out from the female if she was the petitioner or the subject of the protection order,' she said.

It was, according to Potter, her 'duty to make sure she was not in harm's way.'

Gray had begun his examination of Potter by trying to humanize her, putting her in the context of her family and upbringing. 

She is a wife of more than 25 years to husband Jeff, a mother to sons Nicholas and Samuel, and has two sisters and two brothers.

Her husband, mother, one of her sisters and one brother were all, Gray pointed out, present in court. 

She wanted to be a police officer right from grade school, the court heard, after a police officer visited her elementary school, the Immaculate Conception in Fridley, Minnesota, to discuss bicycle safety.

He showed her, she said, that, 'The police are good people and I wanted to be something like that someday.'

Her whole life, jurors heard, was focused on working in law enforcement and she was sworn in as an officer of Brooklyn Center Police Department, February 27, 1995.

Building a picture of her life's work Gray asked her to tell the court about her time as a Field Training Officer, a hostage negotiator, a member of the Domestic Abuse Response Team (DART) and her time with the Law Enforcement Memorial Association (LEMA) for whom she carried the caskets or urns of fallen officer.

Asked by Gray if she knew any officers killed in the line of duty while doing a traffic stop Potter said, yes and named the fallen officer.

Earlier in the trial jurors watched footage showing officer Kim Potter panicking and screaming immediately after shooting Daunte Wright Kim Potter reacts seconds after the fatal shooting

Earlier in the trial jurors watched video of officer Kim Potter panicking and screaming immediately after shooting Daunte Wright

She was seen screaming and burying her face in her hands moments after she fired her gun

She was seen screaming and burying her face in her hands moments after she fired her gun

A fellow officer was heard in bodycam footage trying to comfort Potter, telling her to breathe and sit down as she cries saying she is going to prison As the footage played on Potter could be seen standing at a wire fencing by the roadside repeating over and over, 'Oh my God, what have I done?'

Bodycam footage from a fellow officer showed Potter sitting roadside repeating over and over, 'Oh my God, what have I done?' and crying that she is 'going to prison'

Potter told jurors that she had undergone therapy in the aftermath of the shooting and that while she had taken her taser out of its holster to de-escalate or prepare for what might be on the other side of a door, she had never deployed it in all her years as an officer.

She said that she had resigned from the job that she loved out of concern for her fellow officers and the city.

'There were so many bad things happening I didn't want my co-workers [to have trouble]. I didn't want bad things to happen to the city.' 

During cross-examination, prosecutor Erin Eldridge focused on Potter's training, alleging that weapons confusion was a subject addressed in 'power point, after power point, after power point.'

Potter agreed that it was a topic that was raised but said that it was not something upon which trainers ever expounded.

Eldridge drew out the differences between Potter's gun and her taser. 

Displaying a picture of Potter's gun and taser side by side Eldridge said: 'They look different don't they? The taser is yellow, your gun is black. The taser weighs about half what your firearm weighs.'

Potter, 49, is charged with first and second-degree manslaughter in the April 11 shooting of Daunte Wright

Potter, 49, is charged with first and second-degree manslaughter in the April 11 shooting of Daunte Wright

She also highlighted the fact that Potter carried her taser on her left, or non-dominant side.

Addressing the court Potter revealed that she had not always done so. She said: 'In the beginning I carried it on my right side in a drop holster.'

She acknowledged that she had, however, carried her taser on her left side 'for many years.'

Eldridge asked: 'The taser holster is made of plastic correct? And you have to press a button and rock it out. Your gun holster is made of leather and has a little snap and how does that gun come out of the holster?'

Potter replied: 'It would rock forward and you would pull it up.'

Eldridge clarified: 'A taser however you would rock backward and pull it up.'

The prosecutor described the April 11 traffic stop as 'routine' a point upon which Potter disagreed.

'No traffic stop's routine,' she said, 'But it would have been something I'd have done several times.'

Eldridge questioned why Potter didn't correct Officer Luckey when, as was pointed out in earlier testimony, he failed to walk Wright away from the open car door and towards the rear of the vehicle.

Displaying a picture of Potter's gun and taser side by side, prosecutor Erin Eldridge drew out the differences between the two weapons before the jury

Displaying a picture of Potter's gun and taser side by side, prosecutor Erin Eldridge drew out the differences between the two weapons before the jury

During cross-examination, the prosecution highlighted that part of Potter's training including performing reaction-hand draws to reduce the possibility of accidentally drawing and firing a gun instead of a taser

During cross-examination, the prosecution highlighted that part of Potter's training including performing reaction-hand draws to reduce the possibility of accidentally drawing and firing a gun instead of a taser

She said: 'I wouldn't do that to a rookie in front of a suspect.'

Showing dash cam video of Potter approaching the car and appearing to manipulate her holster Eldridge said: 'You agree you unsnapped your gun holster as you approached.' 

Potter said that no, she did not.

Zoning in on the moment where the stop descended into chaos, Eldridge asked: 'Was there a moment when it appeared that Mr Wright was going to flee or attempt to flee?'

Potter replied: 'When he started struggling with Officer Luckey.'

Eldridge hectored: 'You never saw a weapon on Mr Wright did you? You never saw a gun. He never threw a punch. He never kicked anyone. He never said I'm going to kill you. He never said, "I'm going to shoot you."

'He never said, "There's a gun in the car and I'm coming after you?"'

Potter replied: 'No' to all.

Eldridge pointed out: 'You don't get to shoot' someone just because they have a warrant. 

Potter said: 'No.' 

But when the prosecutor categorized a misdemeanor as 'not serious,' Potter bit back: 'all crimes are serious.'

Eldridge cast doubt on the idea that Potter was concerned for the safety of the female passenger because of the protection order saying, 'fifty percent of the population is female aren't they?' noting that a protection order did not preclude being in the company of any female.

As Eldridge had bodycam video played in court Potter become more and more uncomfortable.

Eldridge drew attention to the moments when Potter took a piece of paper out of Wright's hand and placed it in her own as Officer Luckey tried in vain to handcuff him. 

Eldridge drew attention to the moments when Potter took a piece of paper out of Wright's hand and placed it in her own (pictured) as Officer Luckey tried in vain to handcuff him

Eldridge drew attention to the moments when Potter took a piece of paper out of Wright's hand and placed it in her own (pictured) as Officer Luckey tried in vain to handcuff him

Describing the moments leading up to the fatal shooting, Potter said she and Officer Luckey were 'trying to keep Wright from driving away' when 'it just went chaotic'

Describing the moments leading up to the fatal shooting, Potter said she and Officer Luckey were 'trying to keep Wright from driving away' when 'it just went chaotic'

Potter was so clearly in distress that her attorney stepped up and ask for a break

Potter was so clearly in distress that her attorney stepped up and ask for a break

The bodycam played to the point where Potter could be heard shouting 'Taser! Taser! Taser!'

Potter began blinking and swallowing rapidly as the footage played. 

She tugged at her hair and was so clearly in distress that Gray stepped up and ask for a break.

Judge Chu asked Potter if she needed a break and she nodded yes prompting the judge to dismiss the jurors for their lunch break.

Returning after lunch, Potter appeared diminished and downcast as she took the stand once more.

Within minutes of cross examination resuming Potter was weeping uncontrollably on the stand.

Eldridge was immediately on the attack. 

Returning to Potter's testimony about the events of April 11 she said: 'You testified that after you saw a scared look on Officer Johnson's face that's why you decided to sue the taser.

Potter said: 'Yes.'

Eldridge pointed out that she had told clinical and forensic psychologist Dr. Laurence Miller that she didn't know why you decided to use the taser. 

Eldridge read from Miller's report: 'When asked by this examiner why she decided to use the taser the respondent said: "I don't have an answer my brain said grab the taser."'

Potter said: 'I don't remember my interview with him, I was distraught. I wasn't in a good place.'

The former officer appeared increasingly harrowed, twitching and closing her eyes as the cross examination continued.

'You said: "Taser! Taser! Taser!" so Officer Luckey and Johnson would disengage,' Eldridge said. Potter agreed.

'And they did let go of Daunte Wright and step back…And after you shot Daunte Wright you said: "S**t I just shot him I grabbed the wrong f***ing gun and I shot him I'm going to prison,"' Eldridge added.

Potter shook her head as if she could hardly bear to hear her own words parroted back at her by the prosecutor.

Prosecutors argued that Potter betrayed her badge and oath by using her weapon 'rashly or recklessly' on the day of the botched traffic stop

Prosecutors argued that Potter betrayed her badge and oath by using her weapon 'rashly or recklessly' on the day of the botched traffic stop 

A fellow cop is pictured on bodycam consoling Potter after she shot and killed Daunte Wright in Brooklyn Center, Minnesota

A fellow cop is pictured on bodycam consoling Potter after she shot and killed Daunte Wright in Brooklyn Center, Minnesota

She said: 'I don't remember. I don't remember. I was very distraught. I'd just shot somebody I'd never done that.'

Eldridge was unmoved by the weeping woman on the stand. She turned her attention to Potter's demeanor towards Johnson. 

'You never asked if he was okay.'

When Sgt. Johnson said that she had saved him from being dragged, Eldridge said: 'You didn't bite, you didn't respond to that at all…and you didn't say anything like, "Thank God I shot that guy and saved your life?" You didn't say that, right?'

Potter accepted: 'No, I didn't.'

Eldridge continued: 'You would agree that as a police officer you have the duty to render aid and communicate information to other officers? 

'It's part of your job to assist those who are hurt and injured? And to indicate to officers what you know about a particular scene? 

'But you didn't do any of those things on April 11, did you?'

Eldridge wasn't done: 'You stopped doing your job completely,' she said. 

'You didn't communicate over the radio, right? 

'You didn't make sure other officers knew what you had done, you didn't run down the street and try to save Daunte Wright's life?'

Wright managed to drive several blocks before coming to a stop when he hit another car. He was pronounced dead at the scene and his girlfriend, who was a passenger in the car, sustained non-life-threatening injuries

Wright managed to drive several blocks before coming to a stop when he hit another car. He was pronounced dead at the scene and his girlfriend, who was a passenger in the car, sustained non-life-threatening injuries

Potter, a 26-year veteran in the force, claims she accidentally shot Daunte Wright when she reached for her gun instead of her taser during a traffic stop over his expired plates in Brooklyn Center, Minnesota Daunte Wright, 20, was pulled over for having an air freshener hanging from his rearview mirror and expired license plate tags

Officer Kim Potter, a 26-year veteran in the force, claims she accidentally shot Daunte Wright (right) when she reached for her gun instead of her taser during a traffic stop over his expired plates in Brooklyn Center, Minnesota on April 11

'You were focused on what you had done because you had just killed somebody,' Eldridge added. 

Potter's reply came as a wail: 'No,' she said, tears coming as she continued: 'I'm sorry it happened!

'I'm so sorry,' she sobbed. 

When asked if she intended to use deadly force that day, Potter wept: 'No.' 

'I didn't want to hurt anybody.'

The defense rested as soon as Potter left the stand. With no rebuttal case from the state the judge told jurors that she would give them instructions first thing Monday morning.

After that they will hear closing statements from both sides and deliberations will begin.

Before Potter took the stand, jurors heard testimony from an expert witness who told them Potter's catastrophic mistake of drawing her gun instead of her taser was an 'action error' - a recognized hazard of high-pressure jobs and situations.

Clinical and Forensic Psychologist Dr. Laurence Miller took the stand for the defense Friday morning to explain what he said were the mechanisms at play in Potter's mind when she shot Wright.

He explained an action error as a situation in which 'you intend to do one thing, you think you are doing that thing, but you do something else and only realize after the action that that action you intended is not the one you took.'

He told the court such behavior happens every day – writing the wrong date on a check at the turn of a new year, keying in an old password – and can usually be laughed off but that it is also common in the worlds of medicine, aviation and law enforcement in situations of high stress. 

The defense's first witness Friday was clinical and forensic psychologist Dr. Laurence Miller who explained the mechanisms at play in Potter's mind at the time was an 'action error'

The defense's first witness Friday was clinical and forensic psychologist Dr. Laurence Miller who explained the mechanisms at play in Potter's mind at the time was an 'action error'

This image, provided by the prosecution, shows the difference between a Taser and a Glock

This image, provided by the prosecution, shows the difference between a Taser and a Glock 

According to Miller memory works on two systems: 1 and 2. 

The first is reserved for information that we learn to the point of it being automatic and is, he said, constantly overwritten as new things become well learned. The second deals with more conscious thinking.

How does an officer use a gun instead of a Taser?

HOW FREQUENTLY DOES THIS HAPPEN? 

Experts agree that such incidents are rare and probably happen fewer than once per year throughout the U.S. 

A 2012 article published in the monthly law journal Americans for Effective Law Enforcement documented nine cases dating back to 2001 in which officers shot suspects with handguns when they said they meant to fire stun guns.

WHY DOES IT HAPPEN? 

Reasons that have been cited include officer training, the way they carry their weapons and the pressure they feel during dangerous and chaotic situations. 

To avoid confusion, officers typically carry their stun guns on their weak sides - the side of their nondominant hand - and away from handguns that are carried on their dominant hand's side. 

That's how Potter carried hers, and the chief of her suburban Minneapolis police department at the time of the shooting said that's how the department's officers were trained.

WHAT DOES THE DEFENSE SAY?

Defense attorney Paul Engh told jurors in his opening statement that an expert would testify about how in chaotic situations like this shooting, a person's ingrained training takes over. 

He said Potter had 26 years of gun training, but fewer years of training on her Taser, which is a newer weapon.

Engh said Potter made an 'action error,' the sort in which someone does something while meaning to do something else, such as writing the previous year on a check out of habit, or typing an old password into a computer. He also compared them with errors made under stress by experienced pilots or surgeons.

Bill Lewinski, an expert on police psychology and the founder of the Force Science Institute in Mankato, Minnesota, has used the phrase 'slip and capture' errors to describe the phenomenon.

Lewinski, who has testified on behalf of police, has said officers sometimes perform the direct opposite of their intended actions under stress - that their actions 'slip' and are 'captured' by a stronger response. He notes that officers train far more often on drawing and firing their handguns than they do on using their stun guns.

Other experts are skeptical of the theory.

Source: Associated Press 

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An 'action error' occurs when stress factors combine to see the brain reach for a well-engrained 'program' that may not be the newest or most appropriate for the moment.  

'In most cases the factors usually involve an extremely compressed timeframe, high threat, confusing and changing circumstances,' he said.

'The circumstances may be ambiguous and put all these things together and this creates a high state of arousal and agitation and that is the perfect storm for an action error.' 

He told the court that weapon confusion is a subsection of these action errors with studies devoted to it. The doctor told jurors that the most common of these is confusing a gun for a taser.

He said that this was called 'slip and capture,' a phrase coined by a police psychologist.

According to Miller: 'It refers to the fact that, under these states that are conducive to action errors, the ability of system 1 to pick out the correct response slips away, and the actual behavior is captured by the older, more baked-in knowledge program, before the newer -more appropriate program - has a chance to engage.'

During the action itself, he said: 'The person thinks they are performing one action when they are performing something else. 

'Typically, what happens is it doesn't have the intended result and they realize what they've done.'

He said that an officer may have little to no memory of what happened of very tunnel-vision, specific memories of aspects of it. 

In a brief cross-examination prosecutor Erin Eldridge tried to characterize the notion of 'action error' and 'slip and capture' as 'junk science.' 

Potter is charged with first and second-degree manslaughter in the April 11 shooting of Wright.   

Besides arguing that Wright's death was a tragic mistake, Potter's attorneys have also said that she would have been justified in using deadly force to stop Wright from driving away and possibly dragging one of Potter's fellow officers. 

Prosecutors on the other hand argue that Potter was an experienced officer who had been thoroughly trained in the use of a Taser, including warnings about the danger of confusing one with a handgun. 

They have to prove recklessness or culpable negligence in order to win a conviction on the manslaughter charges.

After the prosecution rested on Thursday, the defense opened its case with use-of-force expert Stephen Ijames, a former assistant police chief in Springfield, Missouri.  

That contradicted a prosecution use-of-force expert who testified earlier that using either a gun or a Taser on Wright would have made things worse because he could have been incapacitated and his vehicle could have become a weapon.

The defense also called several character witnesses for Potter who testified she is a peaceful person. 

Each was limited to speaking only to Potter's reputation for being peaceable and law-abiding due to an earlier ruling by Judge Chu. 

The death of Wright set off angry demonstrations for several days in Brooklyn Center. 

It happened as another white former officer, Derek Chauvin, was standing trial in nearby Minneapolis for the killing of George Floyd. 

CHARGES AND POTENTIAL PENALTIES IN KIM POTTER TRIAL: 

FIRST-DEGREE MANSLAUGHTER PREDICATED ON RECKLESS USE/HANDLING OF FIREARM AND SECOND-DEGREE MANSLAUGHTER: 

  • First-degree manslaughter in this case means prosecutors allege that Potter caused Wright's death while committing a misdemeanor - the 'reckless handling or use of a firearm so as to endanger the safety of another with such force and violence that death or great bodily harm to any person was reasonably foreseeable.'
  • The second-degree manslaughter charge alleges that she caused his death 'by her culpable negligence,' meaning that Potter 'caused an unreasonable risk and consciously took a chance of causing death or great bodily harm' to Wright, while using or possessing a firearm.
  • Neither charge requires prosecutors to prove Potter intended to kill Wright.

POTENTIAL PENALTIES:

  • The maximum for first-degree manslaughter is 15 years; for second-degree, it's 10 years. But Minnesota judges follow sentencing guidelines that normally call for less - just over seven years for first-degree, and four years for second-degree.
  • Prosecutors have said they will seek a longer sentence due to aggravating factors, which is what they did in former Minneapolis Officer Derek Chauvin's murder trial for killing George Floyd.
  • The longest sentences that could conceivably stick on appeal are double the top of the guidelines range. But that's more than the statutory maximum of 15 years for first-degree manslaughter, so 15 years would be the cap for Potter if she's convicted. The realistic maximum on the lesser charge would be 9 1/2 years.
  • Presuming good behavior, Minnesota offenders typically serve two-thirds of their time in prison and one-third on supervised release.  

Source: AP 

Source : https://www.dailymail.co.uk/news/article-10321343/Kim-Potter-testify-trial-jury-hears-fatal-shooting-action-error.html

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Kim Potter to testify in trial after jury hears fatal shooting was an action error

Source:Daily Mail

Kim Potter to testify in trial after jury hears fatal shooting was an action error

Kimberly Potter testifies of ‘chaotic’ scene before she fatally shot Daunte Wright

Source:Washington Post

Kimberly Potter testifies of ‘chaotic’ scene before she fatally shot Daunte Wright

Defense rests case in Potter trial; Potter: Im sorry it happened

Source:KSTP

Defense rests case in Potter trial; Potter: Im sorry it happened