Officer who fatally shot Daunte Wright can’t be charged with a crime under Minnesota law, attorney says

CNBC ^ | 4-12-2021 | Emily DeCiccio

[HogsBreath]

Minnesota law may save the police officer who fatally shot 20-year-old Daunte Wright during a traffic stop from being charged with a crime, Civil Rights attorney David Henderson said Monday.

“I think the officer should have been fired immediately because there are points of no return with regard to making mistakes on your job, but with that being said, I don’t think you can charge this officer with a crime under Minnesota law,” said Henderson.

[HogsBreath]

Certainly there was no intent, but will negligence allow charges for manslaughter?

[sport]

Democrats do as they please. They say hell with the law.

[Secret Agent Man]

Murder, no

Negligent homicide or manslaughter, dam yes

I mean if she ran him over she’d get vehicular manslaughter.

Cripes what an idiot lawyer.

[familyop]

"'...I don’t think you can charge this officer with a crime under Minnesota law,' said Henderson."

Looks pretty absolute. Maybe folks in Minneapolis should prepare for more riots.

[gundog]

The rioters can riot without consequence, and the family can sue civilly. Everybody wins. /s

[bigbob]

Where’d you go to law school?

[Scrambler Bob]

Can you charge her under N. Korean law?

Or under the Ten Commandments?

Or maybe for Carbon Emissions?

[TexasGurl24]

Not necessarily. Negligence is NOT recklessness. The threshold for criminality in many States is recklessness, NOT negligence.

Negligence is not being as careful as one should be. Recklessness requires awareness of a substantial risk of harm and a disregard of that risk.

This exact situation played out in Kansas with an officer a few years ago. The judge dismissed the charges at a preliminary hearing for this precise reason.

[SauronOfMordor]

He’s a defense lawyer. He’s going to argue everything he can.

[Secret Agent Man]

You are completely retarded.

Go back to DU with that lame attempt to silence people by demanding credentials before expresing viewpoints.

You act like a libtard post nazi.

[Secret Agent Man]

I know. Its just why I can’t stand them. There are great defense attorneys, and then there’s a huge flock of them like this guy.

[ScubaDiver]

Andrew Branca covered this extensively before the Chauvin case began. The way MN law is written, manslaughter is not a good option. There are two, first and second degree Manslaughter. First degree is what many states call ‘negligent homicide.’ You can read them below..

https://www.revisor.mn.gov/statutes/cite/609.20

https://www.revisor.mn.gov/statutes/cite/609.205

In a LOT of ways, this would be a way tougher case to bring than the case they brought against Chauvin.

I really don’t think the lawyer is an idiot, just familiar with MN law.

[Navy Patriot]

Good! Minneapolis needs more rioting, much more!

[Theoria]

'I don’t think you can charge this officer with a crime under Minnesota law,” said Henderson.'

If true, another classic example of .gov being above the commons.

[EvilCapitalist]

I wouldn’t want to live in Minneapolis this summer.

[sauropod]

There it is.

[ETCM]

but will negligence allow charges for manslaughter?

Obviously she killed him unjustly, and there should be legal accountability. Minnesota does not have a "Negligent Manslaughter" law, just Manslaughter 1st and 2nd Degree. Both require intent or that the death occur in the commission of a crime, or even a hunter killing a person they thought was a deer.

609.20 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:

(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;

(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;

(3) intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor's coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another;

(4) proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule III, IV, or V; or

(5) causes the death of another in committing or attempting to commit a violation of section 609.377 (malicious punishment of a child), and murder in the first, second, or third degree is not committed thereby.

As used in this section, a "person of ordinary self-control" does not include a person under the influence of intoxicants or a controlled substance.

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.

[dragnet2]

I think the department should be on trial. This was one those incidents that make me recoil. Lots of big mistakes, not just little mistakes, which resulted in the final big mistake of shooting the suspect to death thinking she was using her taser. And she was a veteran?

[ALPAPilot]

Murder, no

Negligent homicide or manslaughter, dam yes

I mean if she ran him over she’d get vehicular manslaughter.

Cripes what an idiot lawyer.

vehicular manslaughter

n. the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving or speeding. Vehicular manslaughter can be charged as a misdemeanor (minor crime with a maximum punishment of a year in county jail or only a fine) or a felony (punishable by a term in state prison) depending on the circumstances. Gross negligence or driving a few miles over the speed limit might be charged as a misdemeanor, but drunk driving resulting in a fatality is most likely treated as a felony. Death of a passenger, including a loved one or friend, can be vehicular manslaughter if due to illegal driving.

She was performing a legal arrest when she made the mistake. If she ran him over without operating here vehicle illegal, the couldn't be guilty of vehicular manslaughter either.

[NWFree]

I don’t think it will matter when it comes time to feed the mob they’re controlled by.