I understand Duante Wright was not an angel. I'm not at all saying Wright was in the right here or anything to that effect. The video clearly shows he shoved off a cop and dove into his car. A reasonable cop could have assumed he was reaching for a gun tucked under the seat or something. I fully understand that. But when a cop says "taser, taser, taser" while pulling out her pistol and shooting Wright, that seems like a clear example of "she made a mistake which resulted in the death of a person."
In Minnesota, second degree manslaughter is defined as "a person who causes the death of another 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."
The cop was negligent in that she pulled her pistol instead of her taser and Wright died as a result of her actions. I guess a court case will have to explain what "consciously takes chances of causing death..." means here.
It's already being reported the cop will be charged with 2nd degree manslaughter, so I'm not way off base here saying that is the likely charge. Im no defense attorney but I don't see how, given the facts of this case, you really argue that she didn't kill Wright by accident (manslaughter). If the defense is, well she meant to taze a suspect resisting arrest but accidentally pulled out her gun instead, that would seem to directly affirm manslaughter here, would it not? If I'm missing something please correct my thinking here. I'm not trying to eagerly condemn someone without due process, I'm just expressing my opinions on the case and the relevant law as I see it.
Sounds more like Daunte killed himself by creating the risk when he committed a crime and attempted to evade arrest, necessitating the officers to draw their weapons.
Duante creating an unsafe situation doesn't negate the cop pulling out and using a gun instead of a taser. It's tragic. Wright is not "in the right" here and he's not innocent. But his stupidity doesn't absolve the officer of the mistake she made. The mistake is obvious too as she is essentially narrating what she believes are her actions (to taze a suspect) before realizing she pulled the wrong tool from her belt.
Manslaughter? Duante was wanted for armed robbery and strangulation of a woman, he had been evading arrest for two years.
I understand Duante Wright was not an angel. I'm not at all saying Wright was in the right here or anything to that effect. The video clearly shows he shoved off a cop and dove into his car. A reasonable cop could have assumed he was reaching for a gun tucked under the seat or something. I fully understand that. But when a cop says "taser, taser, taser" while pulling out her pistol and shooting Wright, that seems like a clear example of "she made a mistake which resulted in the death of a person."
In Minnesota, second degree manslaughter is defined as "a person who causes the death of another 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."
The cop was negligent in that she pulled her pistol instead of her taser and Wright died as a result of her actions. I guess a court case will have to explain what "consciously takes chances of causing death..." means here.
It's already being reported the cop will be charged with 2nd degree manslaughter, so I'm not way off base here saying that is the likely charge. Im no defense attorney but I don't see how, given the facts of this case, you really argue that she didn't kill Wright by accident (manslaughter). If the defense is, well she meant to taze a suspect resisting arrest but accidentally pulled out her gun instead, that would seem to directly affirm manslaughter here, would it not? If I'm missing something please correct my thinking here. I'm not trying to eagerly condemn someone without due process, I'm just expressing my opinions on the case and the relevant law as I see it.
Sounds more like Daunte killed himself by creating the risk when he committed a crime and attempted to evade arrest, necessitating the officers to draw their weapons.
Duante creating an unsafe situation doesn't negate the cop pulling out and using a gun instead of a taser. It's tragic. Wright is not "in the right" here and he's not innocent. But his stupidity doesn't absolve the officer of the mistake she made. The mistake is obvious too as she is essentially narrating what she believes are her actions (to taze a suspect) before realizing she pulled the wrong tool from her belt.