Thread by @DrRJKavanagh

It's interesting how prosecutors always overcharge cases, except when it comes to White cops who kill Black people.

They charged Mohamed Noor with 2nd Degree Murder (he was convicted of 3rd).

Potter's conduct easily makes out Murder in the 3rd Degree.
thedailybeast.com/kim-potter-vet…

Murder in the 3rd degree requires that a person acted recklessly. Manslaughter in the 2nd requires that a person acted negligently.

I don't know about you, but I think a 26-year veteran of the police force shooting someone in broad daylight is pretty reckless.

In charging Potter with Manslaughter in the 2nd, prosecutors are essentially buying her argument that she mistook her taser for a gun.

Prosecutors do not normally believe what a defendant says.

Worth noting that if convicted of 2nd degree Manslaughter, Potter can get a non-prison sentence. She could face a fine.

Murder in the 3rd comes with mandatory prison time. Mohamed Noor was sentenced to 12 years.

And don't get me wrong, I don't believe prosecutors should overcharge - it's an immoral practice that coerces plea bargains.

Here, I honestly don't even think Murder 3 would be overcharging.

There is a chance that Potter could be indicted on Murder in the 3rd, if the DA chooses to present that charge to the grand jury (you might remember Amber Guyger was originally only charged with manslaughter), but with the Hennepin County DA handling the prosecution I doubt it.

You'll also remember that Murder in the 3rd Degree was an issue in Derek Chauvin's trial. That's because Mohamed Noor is appealing his conviction and appellate courts are considering whether the language of the statute applies to situations where only one person is in danger.

That arguably would not be an issue here because Potter's actions put multiple people in danger. You will remember that Daunte Wright's girlfriend was in the car with him.

nytimes.com/2021/03/11/us/…

In any case, the Court of Appeals case ordered the judge in Chauvin's trial to reinstate the Murder 3 count because, even tho the matter is being further appealed, the most recent Court of Appeals decision held that it does apply in situations where just one person is targeted.

Another point of contrast. Mohamed Noor had been on the force for just 21 months, Kim Potter 26 years.