Judge denies request to drop most serious charge against ex-officer in Daunte Wright killing

A Minnesota judge ruled on Wednesday that the former Minnesota police officer who fatally shot Daunte Wright will face both first-degree and second-degree manslaughter charges, denying a request from the officer’s lawyers that the more severe charge be dropped.

According to The Star Tribune, Hennepin County Judge Regina Chu said that in allowing the first-degree manslaughter charge to remain against former Brooklyn Center police officer Kim Potter, who is white, she only had to view the evidence in a light most favorable to the prosecution and find “probable cause.”

Finding “probable cause” means that it was more probable than not that the crime was committed. The judge said she had found enough circumstantial evidence to support the charge going to trial.

In April, Potter fatally shot 20-year-old Daunte Wright during a traffic stop for expired tags. During the stop it was discovered that there was a warrant out for Wright’s arrest over a misdemeanor weapons violation. When attempting to take Wright out of his car, body cam footage showed that he pulled away back into his car, prompting Potter to shout “tase him” multiple times.

Potter could then be seen pointing a gun at Wright, whose father is Black and mother is White, before he drove off a short distance and crashed. She could be heard in body camera footage saying, “I just shot him.”

Chu noted in her ruling that Potter drew her Glock from the right side of her belt when her Taser is on the left side of her belt, the Tribune reported. In order for a jury to find Potter guilty of first-degree manslaughter, they would need to find that Potter was aware of the risk of killing Wright and had “made a conscious decision to act without regard.”

Chu also noted that the multiple allegations against Wright — including that he had shot a man, was a member of a street gang and had assaulted and robbed a man — could only be admissible if Potter was aware of Wright’s past criminal record.

According to the Tribune, Chu wrote that if Potter was aware of Wright’s conduct then it is “admissible and relevant to explain her actions and approach toward Wright.”

The fatal police shooting of Wright sparked widespread protests against police violence and police misconduct.

In May, Chu set a trial date of Dec. 6 for Potter.