Kim Potter's Tearful Apology Doesn't Belong in Their Deliberations, Prosecutors Tell Jury

Prosecutors in the trial of former Brooklyn Center, Minnesota, police officer Kim Potter, who fatally shot Daunte Wright during a traffic stop, told the jury Monday that Potter's tearful apology during her testimony doesn't belong in their deliberations.

Potter, 49, testified Friday and told the jury she was "sorry it happened" and "didn't want to hurt anyone."

Prosecutor Erin Eldridge told the jurors during closing arguments Monday that the case isn't about if Potter is sorry, it is about her actions.

"Of course she feels bad about what she did…but that has no place in your deliberations," she said.

Defense attorney Earl Gray told the jury that Potter didn't know she was holding her gun after she meant to grab her Taser during a traffic stop that "was chaos."

During her testimony Friday, Potter said she announced the Taser warning after she saw the fear on another police officer's face, but said she didn't want to hurt anyone.

Potter testified she doesn't remember exactly what she said during the incident or the events after the shooting, and those details in her memory are "missing."

Potter said if she was alone that day instead of training another officer, she probably wouldn't have pulled Wright over for an expired license plate and having an air freshener hanging from his rearview mirror.

The defense rested their case Friday, and the jury began deliberations around 1 p.m. Monday.

Police Officer Kim Potter Testifies, Trial
In this screen grab from a video, former Brooklyn Center, Minnesota, police officer Kim Potter becomes emotional as she testifies in court on Friday, December 17, at the Hennepin County Courthouse in Minneapolis. Potter is charged with first- and second-degree manslaughter in the April 11 shooting of Daunte Wright, a 20-year-old Black motorist, following a traffic stop in the Minneapolis suburb of Brooklyn Center. Court TV/AP Photo

Eldridge said during closing arguments in Potter's manslaughter trial that Wright's death was "entirely preventable. Totally avoidable."

"She drew a deadly weapon," Eldridge told the court. "She aimed it. She pointed it at Daunte Wright's chest, and she fired."

Gray, though, argued that Wright "caused the whole incident" because he tried to flee from police during a traffic stop.

"Daunte Wright caused his own death, unfortunately," Gray argued.

Playing Potter's body camera video frame by frame, Eldridge sought to raise doubts about Potter's testimony that she fired after seeing a look of fear on the face of another officer who was leaning into the car's passenger-side door and trying to handcuff Wright. The defense argued that he was at risk of being dragged.

"Playing the video not at the right speed where it showed chaos, playing it as slow as possible…that's the rabbit hole of misdirection," Gray said.

As prosecutors have done throughout the three-week trial, Eldridge stressed that the former Brooklyn Center police officer was a "highly trained" and "highly experienced" 26-year veteran and said that she acted recklessly when she killed Wright.

"She made a series of bad choices that led to her shooting and killing Daunte Wright," Eldridge said. "This was no little oopsie. This was not putting the wrong date on a check.…This was a colossal screwup. A blunder of epic proportions."

Although there is a risk every time an officer makes a traffic stop, that didn't justify Potter using her gun on Wright after he pulled away from her and other officers during an April 11 traffic stop as they were trying to arrest him on an outstanding weapons possession warrant, Eldridge said.

"Carrying a badge and a gun is not a license to kill," she said.

Eldridge also downplayed testimony from other officers who either described Potter as a good person or said they saw nothing wrong in her actions: "The defendant has found herself in trouble, and her police family has her back."

"I remember yelling, 'Taser, Taser, Taser,' and nothing happened, and then he told me I shot him," Potter, who is white, said through tears. Her body camera recorded Wright saying, "Ah, he shot me," after the shooting.

Potter's attorneys argued that she made a mistake but also would have been justified in using deadly force if she had meant to because of the potential harm to the other officer, then-Sgt. Mychal Johnson, if he had been dragged by Wright's car.

While playing Potter's body camera video frame by frame, Eldridge raised doubt about Potter's assertion that she saw "fear" in Johnson's face. She pointed out that Potter was behind officer Anthony Luckey, whom she was training, for much of the interaction and that Johnson didn't come into view of her body camera until after she opened fire.

Wright's death set off angry demonstrations for several days in Brooklyn Center. It happened as another white officer, Derek Chauvin, was standing trial in nearby Minneapolis for the killing of George Floyd.

Eldridge went into detail on the elements to prove first-degree manslaughter, including the requirement that a slaying be a "voluntary act." She said various actions taken by Potter—unsnapping her holster, shifting a piece of paper from her right hand to her left, putting her hand on her gun as she approached Wright's car—were all voluntary acts and not reflexive.

Judge Regina Chu told jurors that intent is not part of the charges against Potter and that the state doesn't have to prove she tried to kill Wright.

The judge said to prove first-degree manslaughter, prosecutors have to prove that Potter caused Wright's death while committing the crime of reckless handling of a firearm. This means they must prove that she committed a conscious or intentional act while handling or using a firearm that creates a substantial or unjustifiable risk that she was aware of and disregarded, and that she endangered safety.

For second-degree manslaughter, the state must prove that she acted with culpable negligence, meaning she consciously took a chance of causing death or great bodily harm.

The case was heard by a mostly white jury. State sentencing guidelines call for just over seven years in prison upon conviction of first-degree manslaughter and four years for second-degree, though prosecutors have said they plan to push for longer sentences.

The Associated Press contributed to this report.

Defense Attorney Earl Gray, Closing Arguments
In this screen grab from a video, defense attorney Earl Gray delivers closing arguments on Monday, December 20, in former Brooklyn Center, Minnesota, police Officer Kim Potter's trial for the April 11 death of Daunte Wright, at the Hennepin County Courthouse in Minneapolis. Court TV/AP Photo