On April 11, 2021, during a traffic stop, Brooklyn Center Police Officer Kim Potter grabbed what she thought was her taser and fired it. Tragically, she had grabbed her gun instead of a taser and shot Daunte Wright, killing him. Potter was charged with, and convicted of, first- and second-degree manslaughter. Under Minnesota law, when a defendant is convicted of more than one charge from the same set of circumstances, they can only be sentenced on the most serious charge, which in this case was first-degree manslaughter. Under Minnesota sentencing guidelines, that conviction calls for a sentence of 86 months (just over 7 years) in prison because Potter has no criminal history.
However, on February 18, 2022, Judge Regina Chu sentenced Potter to just 2 years, granting her a “downward durational” departure—a length of sentence that was less than what the guidelines call for. Under Minnesota law, Potter will serve 2/3 of that time (16 months) in prison and 1/3 of that time (8 months) on supervised release. Potter has credit for 58 days already spent in jail, so she will be released from prison on approximately April 4, 2023.
When a judge grants a defendant a downward durational departure, the judge must cite “substantial and compelling reasons” for the departure. The reasons Judge Chu gave for the departure were that Potter was “in the line of duty and doing her job in attempting to lawfully arrest Daunte Wright” and was trying to protect another officer who could have been dragged by Wright’s car if he had driven away.
The State could challenge Judge Chu’s sentence at the Court of Appeals, but Minnesota Attorney General Keith Ellison said he would not challenge the sentence.