She was an experienced officer who trained younger officers in the use of force as part of her job. A man is dead because of her reckless actions, and she should have known better. Any common civilian, who did not have the specialized training that Ms Potter had received, or the experience she had gathered over two and half decades working a LEO and a trainer, would likely also be convicted of a similar charge under similar circumstances. Why should Ms Potter be treated any different?
First, her actions under Minnesota law and the evidence provided, did not meet the criminal requirement for "recklessness".
Two, "she should have known better" is a civil law criteria for negligence, but recklessness is a concept under criminal law ('culpable negligence') which requires the person to have an awareness of drawing and firing a gun AND a thereby showing conscious disregarding for its "foreseeable" unjustified great bodily harm or death.
I have a concealed weapons permit, and I sometimes carry a firearm on my person when I am legally allowed to do so. The first thing you learn in gun safety training is that you never pull a gun unless you are willing to use it, and you never point a gun at somebody unless you are willing to kill them. I am not a trained LEO with 26 years of experience and I don't train other LEOs in the use of force - yet I am fully able to recognize the potential consequences of pulling a gun and using it. I also know exactly what my gun handle and trigger feel like, and exactly what I need to do in order to make it go boom, because I constantly practice these maneuvers in a safe environment so I can rely on my muscle memory if I am ever faced with a situation where I need to make this happen. To suggest that a veteran LEO who has been carrying a gun at her side for 26 years or more, pretty much every day of her working life, lacks the ability to foresee the consequences of knowingly putting herself in a position where she might misuse that gun is preposterous. Or that she is unable to distinguish between a gun handle and a taser handle in the heat of the moment, when this stuff should all be ingrained in her muscle memory through constant practice and repetition.
And all of your comment is based on the predicate that training guarantees that a person can't make an error, even under extreme and immediate stress, because why? Because you believe you're immune to it so must she be? That muscle memory is perfect and never fails? That "action error" (aka slip and capture) is a recognized but bogus field of psychology?
No one is suggesting she lacks the ability to foresee the consequences of knowingly "putting herself in the circumstances" of being a street cop and then making a lawful arrest. None believe she wouldn't know the potential consequences of shooting a gun at someone. BUT you must be aware, knowing, that you are pointing and firing a gun, not a taser, BEFORE you can be recklessly disregarding the likilhood of unjustified consequences of using a gun (ie death or great bodily harm).
Three, why should anyone be "treated different(ly)" under the law, agreed. However, training is mostly immaterial to slip and capture (action error) and because such training intentionally tries to make actions automatic, so when it works its fine. However, as shown in many areas of human endeavor (doctors, pilots, police officers, etc.) when automatics actions derail, the person is almost always unaware.
Kim Potter made a mistake, which is not by itself unlawful. She also might have been negligent in some manner, which is not criminal by itself. But she was not reckless because if you are not even aware of the correct weapon you hold in your hand, you can't have knowingly disregarded its risk since you didn't have it.
She should have been aware that she was pulling her gun and not her taser; she should have been aware that she was pulling the trigger on her gun and not her taser. A Glock 17 feels NOTHING like a taser in the hand. That is the whole fucking point. She should have known how to distinguish between her gun and her less-lethal option. She was not a rookie, and it is preposterous to suggest that she had not trained herself sufficiently to recognize the difference.
The only mitigating circumstance I can think of is the fact that most LEOs today get issued single action automatic pistols (Glocks and Berettas) where all you need to do to make the gun go boom is pull the trigger. Unlike the old days where police carried double action revolvers (which have a longer, heavier, multi-stage trigger pull), or a single action auto with one or more safety features (like the grip safety, the slide safety, and firing pin safety that is found on many modern 1911s). But even with that fact, she must have put tens of thousands of rounds through her service Glock as part of her range work training, and she must have been aware of exactly how here Glock felt in her hand, and the fact that it has no safety features.
First, as I said, "should have been aware" is a criterion under civil law, not criminal law. The Minnesota supreme court has definitively rejected "should have been aware" as being sufficient to find a person guilty of culpable negligence. (Frost vs. State).
Second, even if "should have been aware" was a sufficient criterion for a finding of guilt (which it is not), it is very unlikely that in highly stressed mental state of action error that she should have been aware. In these few seconds to act, one isn't thinking about the feel of the grip, or comparing their mere 1lb difference in weight. One is acting "automatically" but doing the unintended thing, i.e. making a mistake under extreme stress.
And, by the way, the fact that she may have put 10s of thousands of rounds through her Glock underscores "muscle memory". The brain does not question a familiar feel, it expects it. Put another way, suppose she had intended to draw her GUN and drew her Taser...then the unfamiliar feel of the Taser might have triggered an awareness of a mistake.
Finally, the jury got it wrong...badly wrong. This was confirmed in a recent interview of one of the jurors who proudly explained how they interpreted the law, and now it is clear how badly they mangled it.
The killing of Duante Wright was no accident. This is what we know based on trial testimony:
1. Ms Potter had been a LEO for 26 years, over the course of which she had received extensive and continued training in the use of firearms.
2. Ms Potter knew that her pistol was a deadly weapon, she had been taught about and understood the risks of carrying a firearm, and she was intimately familiar with the PD policy regarding the use of said firearm.
3. Ms Potter knew that she was carrying the firearm in Condition 1 when the traffic stop was initiated. She knew this because she had pushed a loaded magazine into the magwell of the gun, and racked the slide to load a live round into the chamber and put the hammer into the battery position before she started her shift on patrol. She also knew that her firearm was not equipped with any external safety features, and that it would go bang when she pressed the trigger.
Based on the video evidence from the multiple body-cams, and Ms Potter's testimony, we can infer that:
1. Ms Potter was
not paying sufficient attention when she pulled her gun from its holster on her right hip, apparently believing it to be the taser which was holstered on her left hip.
2. She was
not paying sufficient attention as she waved the gun around for about 5 seconds, as she recklessly painted Dunate Wright, his passenger, and her two colleagues with the muzzle of the gun, placing them all at great risk.
3. She was
not paying sufficient attention as she finally identified her target and lined up the sights on her gun on Dunate Wright's chest.
4. She was
not paying sufficient attention as she pulled the trigger and put a jacketed hollow-point projectile into his heart, killing him almost instantly.
The traffic stop was not extraordinary in any meaningful way, other than Mr Wright getting shot, and other people at the scene being placed in grave danger through the reckless and unlawful actions of Ms Potter. She had a duty to safeguard the lives of the people around her by following the protocols she had been trained in, and she
should have been paying more attention and following her training as the situation evolved. Mr Wright's untimely death was not an accident, it was a homicide resulting from the reckless and negligent use of a firearm by Ms Potter, who had been trained for 26 years on how to prevent such events from transpiring.