Kim Potter/Daunte Wright trial - Potter found guilty on manslaughter counts
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jodeke
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PostPosted: Sat Feb 19, 2022 9:54 am    Post subject:

I expected the low end of the sentencing scale. Kim's either a hellofa actress or she is truly contrite. I admit, she convinced me.

What I think would be an injustice, is she was allowed to continue in law enforcement in a position that would allow her to carry a weapon. Put her behind a desk. I'm probably rowing that canoe alone.
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Last edited by jodeke on Sat Feb 19, 2022 10:25 am; edited 1 time in total
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DaMuleRules
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PostPosted: Sat Feb 19, 2022 9:59 am    Post subject:

jodeke wrote:
I expected the low end of the sentencing scale. Kim's either a hellofa actress or she was really contrite. I admit, she convinced me.

What I think would be an injustice, is she was allowed to continue in law enforcement in a position that would allow her to carry a weapon. Put her behind a desk. I'm probably rowing that canoe alone.


She definitely has no business returning to the streets.
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PostPosted: Sun Feb 20, 2022 12:37 am    Post subject:

DaMuleRules wrote:
jodeke wrote:
I expected the low end of the sentencing scale. Kim's either a hellofa actress or she was really contrite. I admit, she convinced me.

What I think would be an injustice, is she was allowed to continue in law enforcement in a position that would allow her to carry a weapon. Put her behind a desk. I'm probably rowing that canoe alone.


She definitely has no business returning to the streets.


I think she lucked out that she could cry on stand, that she flung herself to the ground after the incident and appeared contrite (even if actual contrition), and that the situation was one where Wright resisted their instructions at the moment of the shooting. In other words, it wasn't a callous homicide a la Chauvin, but it was a shooting death that allowed her lawyers to portray as a manslaughter/tragic mistake in a pressured situation that she didn't instigate like Chauvin or even the cops in the Garner death who physically took him down w/ a chokehold. She was able to skate on a simple mistook gun for taser. It was a split-second thing as opposed to a more physical altercation where it could be argued that there was time for the cops (a la Eric Garner) to have released him to save his life. Potter's was a split-second decision that couldn't be taken back, and also unlike Botham Jean, she wasn't magnificently braindead enough WHILE SOBER to kill a person eating ice cream in the wrong apartment (and even a doormat that wasn't hers wasn't her "wait a second..." clue). This situation wasn't as offensively moronic in nature. Potter was on scene where Wright resisted and other cops were trying to restrain him. And the judge always plays a factor. She "lucked" out on all those fronts, judging by what Chauvin got for his kind of crime, the 10 years the one got for killing Botham Jean, and 2 years for this. It's in line w/ the 11 months the BART officer who killed Oscar Grant (Fruitvale Station) got for involuntary manslaughter.

Now, I've already stated that this was gross, reckless negligence as was Fruitvale, and I think that the threshold for killing someone due to that, even if a mistake, should be more than 11 or 16 months. However, the optics and situation helped her out here. She should never have been allowed to carry a weapon in hindsight and that she was trained on that specific thing (and even had a partly flouro yellow taser) made it more negligent than 16 months, imo. Iirc, it was also shown that she had recent mandatory retraining on the L/R part-yellow taser vs gun thing before the shooting. It's got the elements of a mindnumbingly dangerous idiot with a gun who killed someone like the Botham Jean thing, but with the setting that allowed her team to argue "stressful environment, split second, fear in partner's face, Wright didn't follow commands, etc" and the fact that it was a gunshot made it more tricky for the prosecution to argue "you had this many minutes to ensure/save/etc" as in the Freddie Gray, Eric Garner, George Floyd deaths. That's all despite that she walked away instead of making the slightest attempt to assist the others in trying to save Wright (nor did she make the ambulance call).

One raw deal about life is that you can be taken out by an oblivious idiot and they may not pay much for it while you're Fd for eternity (and your family suffers). Think KOBE 2.0 bumping into you on a subway platform while he was typing an incoherent LG post on his phone and you get run over by a train.
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PostPosted: Tue May 17, 2022 11:52 pm    Post subject:

LarryCoon wrote:
LongBeachPoly wrote:
Every malpractice that leads to serious bodily harm or death = criminal negligence.


This is simply not true, and in fact, in the case of medical malpractice it's rare for a criminal case to result rather than a civil case. I'll substantiate sometime other than late on Christmas Eve.


Well, one of those rare instances happened. A nurse got convicted of criminal negligence but she only got probation.

But, this is exactly what I was talking about (in regards to the different standards for cops vs. medical personnel):

Quote:
Ex-Nurse Convicted in Fatal Medication Error Gets Probation

A former nurse whose medication error killed a patient in Tennessee was sentenced to three years of probation on Friday, ending a case that had prompted concern among health care workers fearful that medical mistakes will be criminalized.

The nurse, RaDonda Vaught, apologized to the relatives of the 75-year-old victim, Charlene Murphey, who was injected with a fatal dose of vecuronium, a paralyzing drug, instead of Versed, a sedative, while at Vanderbilt University Medical Center for a brain injury on Dec. 26, 2017, according to court papers.

Ms. Murphey had been scheduled to get a PET scan that day and wanted medication to control her anxiety, a lawyer for Ms. Vaught said.

----------

Ms. Vaught, who was found guilty in March of gross neglect of an impaired adult and negligent homicide, was also issued a judicial diversion, which would expunge her criminal record if she successfully completes probation.

“This offense occurred in a medical setting,” Judge Jennifer Smith of the Davidson County Criminal Court said at the sentencing. “It was not motivated by any intent to violate the law, but through oversight and gross negligence and neglect, as the jury concluded. The defendant also accepted responsibility immediately. She made every effort in the moment that she recognized her error to remedy the situation.”

https://www.nytimes.com/2022/05/15/us/tennessee-nurse-sentencing.html


Quote:
Vaught admitted to mistakenly administering an incorrect medication in 2017 that contributed to the death of 75-year-old patient Charlene Murphey. Vaught was fired from the medical center about one month following Murphey’s death and faced up to eight years in prison.


Video:



What's the difference between what Potter did and what this nurse did?

1) Potter meant to reach for a taser gun. Instead, she reached for an actual gun and killed the victim.

2) This nurse, RaDonda Vaught, reached for the wrong drug and killed her patient.

The nurse gets probation eventhough she was convicted of gross neglect and negligent homicide. What's the difference between the two other than their uniforms?

Kim Potter got prison time, this nurse got probation.

Well, at least the nurse did get convicted though.
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