Posted on 04/14/2021 11:57:57 AM PDT by ScubaDiver
BROOKLYN CENTER, Minn. — The former police officer who shot and killed Daunte Wright this week will be charged with second-degree manslaughter, Washington County Attorney Pete Orput said Wednesday.
(Excerpt) Read more at washingtonpost.com ...
...in any other time in history.
She confused him with a deer? (I don’t see anything in that statute which would be easy to prove.)
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.
They won't be able to demonstrate that the officer 'and consciously takes chances of causing death or great bodily harm to another'. She meant to tase the guy and made a mistake. While incompetent, it doesn't reach the threshold level of purposeful chance-taking.
When Ashli was gunned down in the Capitol, she got zero consideration.
She’s not a criminal with a warrant for using a gun in a crime against a woman.
Wild West
Second degree murder is: “the criminal act of killing another person with intent, but without pre-meditation during assault in which death of the victim was a distinct possibility.”
That’s what they will go with?
Why would anyone, especially a white person, work as a cop in a city run by leftist, race-baiting politicians? The politicians you serve have declared you an enemy, and have put a big political target on your back.
And If you think your pension will be there for you in 20 years - good luck with that.
Having the gun in her hand for six seconds before discharging the weapon will be an issue.
She only shot the perp once, like you would with a tazer. If she knew it was a gun, she is supposed to unload the magazine until the threat is neutralized.
Daunte Wright accused of choking and robbing woman at gunpoint, had arrest warrant
Fox News ^ | Bradford Betz |
https://freerepublic.com/focus/f-chat/3950553/posts
Yeah... good luck proving that one...
This looks like the thing you would charge a 20 yo kid that wrecks his car drag racing with his gf in the passenger seat not making it out alive.
It will be a difficult case to make, but she is charged appropriately.
And while the jury may not convict her, her defense team will bankrupt her.
Your analysis makes sense, at least by my understanding of English. They always seem to overcharge these incidents. Took a quick look and Minnesota has a charge of both involuntary manslaughter and reckless homicide. Either would seem to be the appropriate charge. And given the high profile, there won’t be a plea bargain, either guilty of the wrong charge or not guilty.
And the police office who killed Ashley Babbitt will face no charges. Interesting juxtaposition.
Unfortunately for her, she had a reasonable duty to be sure she had the taser in her hand.
I would also point out that a citizen who is not a police officer would also be charged with manslaughter (reckless homicide) in a case like this.
While probably not incorrect in the abstract, what you describe is not part of the statute. This is the problem the state is going to face. Instead, the TWO elements that are required is that:
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
The MN manslaughter statute is very unusual in this regard, creating an obligation on the state to demonstrate that the defendant not only acted negligently but consciously intended to act negligently.
Simple incompetence that results in death is not enough to sate the statutory elements of this crime.
Would be interesting to see prior cases that show how the Minnesota courts have applied this standard, although I still think any civilian in similar circumstances would also be charged.
Anybody know the sentence range would be?
I actually think she’s way more guilty than the Chauvin guy.
10 years max. Usually nobody gets max on the first offense unless it’s rape, homicide, or terrorism. Homicide and the big public stink combined and I’d suspect she’ll get close to 10.
Exactly! The cop who shot Ashli Babbitt gets a complete pass even though he was far more negligent in handling his weapon (sweeps his fellow cops several times with his finger on the trigger) than the cop in MN was in the videos.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.