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YOUR BALANCE
Kim Potter - guilty or not?
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Kim Potter - guilty or not?


Dec 20, 2021, 2:13 PM

I am no legal scholar, and I don't know how the charges line up with the facts of the case, but common sense has got to count for something. I don't see how this woman should serve one day in jail. Yes, she killed a young man in a very tragic event, but there was no intent, no negligence, and no reckless behavior on her part; she simply made a very tragic, costly mistake in an extremely tense, chaotic, dangerous situation that was created entirely by a criminal who was in the act of commiting a crime. No amount is f training can prepare a person for a situation like that in the real world. The kid who got shot bears a great deal of the blame for his own death here. Fire her, suspend her, give her a desk job, whatever; I'd be fine with any of that. But send her to jail? Now that would be a crime.

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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


Re: Kim Potter - guilty or not?


Dec 20, 2021, 2:19 PM

Absolutely not guilty and if the perp wasn't of a particular demographic, she wouldn't be on trial.

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Very tragic, costly mistakes = negligence.


Dec 20, 2021, 2:20 PM

She's charged with manslaughter, which is fitting since that's what people typically get charged with when they kill people by accident.

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Re: Very tragic, costly mistakes = negligence.


Dec 20, 2021, 3:49 PM

Long career in law enforcement with no similar incidents. Probation seems reasonable, though she is culpable so likely facing a civil suit for wrongful death on top of this.

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So if a cop never killed anyone before, do they get a


Dec 20, 2021, 3:58 PM

freebie?

I don't think she's a bad person, but she made a terrible mistake that ended someone's life. There have to be consequences and we need accountability for police officers. If anything, police should be held to a higher standard than civilians. We shouldn't need to fear the very people whose job it is to protect us.

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Re: So if a cop never killed anyone before, do they get a


Dec 20, 2021, 4:45 PM

No to your question, but there are other incidents officers can have in their careers outside of killing people that can portend problems. She seemed to be free of those.

There will be a civil suit and likely settlement with her personally and her department, plus criminal probation. I don't think prison is on order here based on what I've seen, but I also don't have jury level exposure to the whole mess so who knows.

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Re: Kim Potter - guilty or not?


Dec 20, 2021, 2:20 PM

I haven’t kept up with it much but what little coverage I have seen, I do agree there was no intent there.

Beyond that, I guess there are questions about how she could mistake a taser for a pistol, but in the heat of the moment, crazy things happen.

Perhaps one of those cases where she is not criminally guilty but guilty in a civil case.

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Re: Kim Potter - guilty or not?


Dec 20, 2021, 2:21 PM

Involuntary manslaughter seems appropriate.

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OK, I’ll stick my neck out….Not ALL, but most


Dec 20, 2021, 2:21 PM

Women should not be serving in a law enforcement role that puts them in a situation in which they are overwhelmingly out-physicalled (is that a word?)
Yeah, I know many can handle themselves but most….

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Re: OK, I’ll stick my neck out….Not ALL, but most


Dec 20, 2021, 2:25 PM

.



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Cat on a tin roof, dogs in a pile,
Nothin' left to do but smile, smile, smile!!!!


Fatties can be very SKRONG!


Dec 20, 2021, 2:43 PM

Willmo®

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That's what happened in 2019 over off the Parkway


Dec 20, 2021, 2:33 PM [ in reply to OK, I’ll stick my neck out….Not ALL, but most ]

in Gville:

https://www.greenvilleonline.com/story/news/local/south-carolina/2019/12/05/greenville-sc-deputy-who-shot-shoplifting-suspect-mom-violated-policy/2618193001/


She got unnecessarily aggressive with the guy, escalated things and he overpowered her. She tried to shoot him but had her thumb behind the slide, then she ended up shooting his mom.

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Also the reason people feel the need to say


Dec 20, 2021, 2:29 PM

"black lives matter" is because when an unarmed black person gets murdered by a white person, a lot of Americans want to let the white killer off the hook and blame the black victim for going and getting themselves shot.

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But that's not at all what happened here. Not even close.


Dec 20, 2021, 2:40 PM

There was no murder - that's total ########. Anybody who tries to make this about race in any way is totally full of ####. And in this case, the kid who got shot absolutely bears some responsibility. That's not to say he deserved to be shot or killed. Those are two entirely different things.

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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


She's not charged with murder.


Dec 20, 2021, 2:43 PM

She's charged with manslaughter.

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Exactly - that's my point. Mucielago brought up murder, and


Dec 20, 2021, 2:55 PM

I was responding to him.

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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


It's what's happening in this thread.


Dec 20, 2021, 2:51 PM [ in reply to But that's not at all what happened here. Not even close. ]

I'm not saying she shot him because he's black. I'm saying the attitude of some people is, "Well she's a nice white lady and he's a black thug, so she shouldn't be punished and his death is no real loss. Plus it's kinda his fault she accidentally shot him to death."

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I'm not saying that, and besides, irrational assumptions and


Dec 20, 2021, 2:58 PM

of some people should have no bearing on her guilt or innocence, which is the question here.

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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


Re: But that's not at all what happened here. Not even close.


Dec 20, 2021, 3:04 PM [ in reply to But that's not at all what happened here. Not even close. ]

Not saying he deserved to be shot, but if you have a warrant and run from the police, something bad might happen.

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Exactly. He alone created a very dangerous situation


Dec 20, 2021, 3:24 PM

which put multiple lives in jeopardy. Many are pretending that there are only two possible realities: 1.He deserved to be shot, or 2.He was an innocent victim. The truth is, there is a whole lot of in between there, and it's uncomfortable admitting it, but that's where we are with this case.

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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


it's definitely somewhere in between....


Dec 20, 2021, 3:34 PM

he was probably just as scared as she was. Perhaps he was afraid for his life and felt that fleeing in that moment gave him a better chance of survival. Obviously, this was not the case, but if we can no more assume to know what his thought process was over hers. Less in fact since he can't speak for himself.

Also, not a question of was he right to be that scared...but it's definitely a real possibility. So perhaps that's why he took off instead of staying. idk.

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"It's Baltimore, Gentlemen; the Gods will not save you."


I'm sure he was scared - he had a warrant and knew he was


Dec 20, 2021, 3:52 PM

probably going to jail. It seems that more and more people now feel that when they are pulled over or detained by police, that they have the right to run, or that it's worth it to fight the police and resist and try to run. Somehow, that has to change, because that is where the trouble starts.

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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


I don't agree with this at all...isn't this exactly what


Dec 20, 2021, 2:34 PM

training is for??? Putting folks in situations as close to these as possible so they DO know how to react. Maybe I watch too many movies or something.


"No amount is of training can prepare a person for a situation like that in the real world."

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"It's Baltimore, Gentlemen; the Gods will not save you."


Of course, but training can only do so much. The real world


Dec 20, 2021, 2:53 PM

is very very different. You can train and practice all you want, but nothing can replicate the panic and adrenaline surge that occurs when #### goes down. I trained in martial arts for years, and even though it never happened to me, it was a common theme: guy was a total bad ### in the dojo, but it was a different story when they got hit in the face in a bar. Years of training went out the window. It's very difficult to prepare and train for that level of immediate, extreme stress.

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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


Police =/= military I know. but the concepts should still be


Dec 20, 2021, 3:37 PM

the same...

https://www.tigernet.com/forums/message.jspa?messageID=30063857

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"It's Baltimore, Gentlemen; the Gods will not save you."


And still works with varying degrees of succcess, depending


Dec 20, 2021, 4:35 PM

on the person and the situation. Look, this kid should not have died. It's terrible. I just don't see how sending Kim Potter to jail serves justice or sends anybody any kind of helpful message. Police already know to make sure to draw the taser, not the gun; as we've discussed, they already train for it. Now that this has happened, I'm sure all LE agencies will make this a point of emphasis going forward, so locking her up won't further serve that purpose. If I thought for one second that she did this on purpose, or was careless or reckless, I'd be all for her serving time, but I just don't see any of that. I don't see her ever being a cop on the beat again no matter what, so we don't have to worry about that. She seems to be truly remorseful, so I don't know what we're after here. I get it though, jurors have to apply the law as written, and she may very well be found guilty.

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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


I'm no lawyer, but she's admitted to the charges against her


Dec 20, 2021, 2:42 PM

on body cam after the shooting and in testimony in court.

It's a tragic accident but that doesn't make her not guilty. Intent has nothing to do with her charges.

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The first line of my post ...


Dec 20, 2021, 3:05 PM

"I am no legal scholar, and I don't know how the charges line up with the facts of the case ..."

I thought I made it clear that I wasn't talking about the legal technicalities of the case. It just seems wrong to nail somebody to a cross for making an understandable mistake.

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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


The charges seem to align with the facts of the case.


Dec 20, 2021, 3:24 PM

I believe she'd have been smarter to have plead guilty and negotiated a lesser sentence. I don't believe that the trial or her testimony (from what I've seen and read) will help her. But who knows with a jury?

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They may, but again that's not what I'm talking about.***


Dec 20, 2021, 3:27 PM



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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


Then not sure what you're talking about as she seems to be


Dec 20, 2021, 3:49 PM

clearly guilty of manslaughter. This trial seems to be more about the sentencing.

It being a tragic mistake doesn't shield her from existing laws.

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First, I know that what qualifies for different degrees of


Dec 20, 2021, 4:02 PM

manslaughter differs from state to state, and I don't know exactly how that applies here, so I wasn't commenting on whether of not she was guilty as charged. Besides my inability to grasp the legal technicalities, I am more concerned, for the sake of this conversation, with sending a person to jail for making an innocent, understandable mistake in a very dangerous, tense situation that was not of her own creation, regardless of what the law says.

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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


What the law says is important.


Dec 20, 2021, 4:57 PM

That can't just be tossed out.

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Of course it's important - I never said or implied that it


Dec 20, 2021, 5:02 PM

wasn't. You understand that ... don't you?

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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


That "mistake" led to the death of a person.


Dec 20, 2021, 5:18 PM [ in reply to First, I know that what qualifies for different degrees of ]

But as you have pointed out, there seems to have been no malice or aforethought so manslaughter seems to make sense. She admits to thinking she drew her taser and not her gun, which to me, isn't just a "small" mistake. That's negligence that leads to a person's death. Manslaughter is exactly what I think she should get. Now whether it's first degree or second degree, that's a harder argument.

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Re: That "mistake" led to the death of a person.


Dec 20, 2021, 8:32 PM

There was no recklessness. Negligence, perhaps, but I think even that is debateable.

https://www.usatoday.com/story/news/nation/2021/12/20/kim-potter-manslaughter-charges-explained-daunte-wright-death/8894989002/


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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


Manslaughter seems to be the correct charge


Dec 20, 2021, 3:44 PM [ in reply to I'm no lawyer, but she's admitted to the charges against her ]

Intent DOES matter for a murder charge but not manslaughter, which is typically reckless action

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But she wasn't reckless - that's my point.


Dec 20, 2021, 4:05 PM

Reckless - without thinking or caring about the consequences of an action.

She made a mistake, she wasn't reckless. It's not like she didn't give a ####.

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"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."
- H. L. Mencken


Yes, is guilty - I don't think that's in question...........


Dec 20, 2021, 3:02 PM

The question is what her sentence will be? Severe or lenient?

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Re: Kim Potter - guilty or not?


Dec 20, 2021, 3:02 PM

I'm hoping for the same treatment as the child murderer in Chicago last week who got PROBATION!

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Re: Kim Potter - guilty or not?


Dec 20, 2021, 4:48 PM

Guilty


I would not take prison off the table


Message was edited by: ClemsonRangers®


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guilty


Dec 20, 2021, 4:52 PM

should get some prison time

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Re: Kim Potter - guilty or not?


Dec 20, 2021, 8:58 PM

This one is hard to call. I think you'd have to be on the jury to have the right amount of information...

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It doesn't matter what I think.


Dec 21, 2021, 10:36 AM

What matters is how the jury comes to understand the terms intentional and how they rightly divided the fact that she drew a weapon.

But, since you asked, I think there is no way a jury comprised mostly of whites will convict an officer of the law under these circumstances. My opinion is about race only because most people respect the officers' jobs and know they benefit society. Most Americans are white so there's a stat involved in my opinion and the fact that only one juror has to refuse to find her guilty especially women. I'm sure age played a role in jury selection too.

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Re: Kim Potter - guilty or not?


Dec 23, 2021, 2:53 PM



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Re: Kim Potter - guilty or not?


Dec 23, 2021, 3:07 PM

I don’t know enough about the case to have an informed opinion, but I agree the judge appeared mellowed out on something.

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