MINNEAPOLIS — For an incident that unfolded in mere seconds, the jury that will decide the fate of former Officer Kim Potter will need to unpack some complicated legal jargon to decide if she's guilty of two manslaughter counts.
The defense is arguing that Potter's killing of Daunte Wright was an innocent mistake, and since she thought she was firing her Taser instead of her gun, it was an accident.
An accident isn't a crime unless it involves some level of "carelessness" or "recklessness" — terms the jury will spend a lot of time defining in deliberations.
Judge Regina Chu decided she will instruct the jury that recklessness in first-degree manslaughter requires "proof of a conscious or intentional act... that creates a substantial and unjustifiable risk that the actor is aware of and disregards."
The definition comes from the State vs Engle, a case in which a security guard unintentionally fired his gun. The Minnesota Supreme Court reviewed the case after the defendant was convicted.
The court sent the case back to the district court, stating, "On remand, the district court must determine whether Engle committed a conscious or intentional act, in connection with the discharge of a firearm, that created a substantial and unjustifiable risk that he was aware of and disregarded."
Defense attorneys in the Potter case plan to argue that she did not commit a "conscious act" because she did not realize she shot her gun.
The defense wanted Chu to go a step further and specify that the "conscious act" meant she "believed she was using a TASER." Chu wouldn't go that far.
She also denied the defense's request to instruct the jury that Daunte Wright was committing a violent crime by fleeing into a vehicle and could have hurt or killed officers while driving away. The defense suggests that could make the actual shooting justified.
But Chu is going to make them argue it rather than her instructing the jury on it.
"Obviously there will be police officer testifying and they'll be able to state this was a crime of violence," Chu said.
The judge did agree to let the defense use character witnesses for Potter if the prosecution questions her truthfulness.
She will not let them show the jury a photo of Daunte Wright holding a gun.
She also decided the autopsy photos won't be broadcast on the livestream.