Kim Porter is charged with manslaughter that requires gross negligence coupled with the elements of recklessness

Sentencing guidelines call for 41 to 57 months

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The Washington County Attorney’s Office formally charged former Brooklyn Center Police Officer Kim Potter with second-degree Manslaughter in Daunte Wright’s death.

The Minnesota Bureau of Criminal Apprehension said agents arrested Potter at about 11:30 a.m. Wednesday at the BCA in St. Paul.

After consulting with the Washington County Attorney’s Office, the BCA said that Potter was booked into Hennepin County Jail. 

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:

  • 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.

Although the maximum sentence is ten years in prison, the Minnesota Sentencing Guidelines presumes a sentence of 41 to 57 months. This assumes that Manslaughter is a severity level 8 crime with a zero criminal history, and there are no aggravating factors to support an increased sentence.

                                                                                

Peter Orput, Washington County Attorney, widely regarded as among the best prosecutors in the state, is in charge.

Culpable negligence is more than ordinary negligence. It is gross negligence coupled with the elements of recklessness. It is intentional conduct which an actor may not intend to be harmful but which an ordinary and reasonably prudent man would recognize as involving a strong probability of injury to others.

 

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