[NOTE: Also please see the ADDENDUM below for an update on the Jacob Blake shooting in Kenosha.]
That was quick. The charge against Potter is second-degree manslaughter, and at the link you can see the ways in which the statute defines that crime. The only definition that seems at all applicable is the first one:
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) 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…
Did Potter consciously take such a chance, in the legal sense? I have no idea how this is defined in Minnesota. Perhaps it just means that she consciously went for the taser and was negligent in locating it. If that’s the definition, Potter might want to plea and get it over with, in hopes of a reduced sentence (something that might not be offered to her, considering the politics involved).
I also have no idea whether Minnesota has a lesser charge that would have been a better fit – some other definition that involves negligence without consciously taking a chance of causing death or great bodily harm.
Was Potter overcharged due to fear of the mob? Or is this the correct charge? The situation seems (so far) to be a fairly clear-cut case of fatal error.
Contrast that to how little we still know, over three months later, about the shooting death of Ashli Babbitt at the hands of a still officially unidentified Capitol Police officer. We do know one thing, though – the officer will not be charged with anything. That was announced today:
The Department of Justice (DOJ) will not pursue charges against the U.S. Capitol Police officer who allegedly shot and killed Ashli Babbitt during the Jan. 6 riot in Washington, D.C., officials announced Wednesday.
An investigation conducted by the U.S. Attorney’s Office for the District of Columbia determined “that there is insufficient evidence to support a criminal prosecution,” the department said in a statement…
Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber,” prosecutors said.
Their evidence might be “insufficient,” but ours is almost nonexistent. And it will almost certainly remain that way. We have some videos, but no explanation of what rules the officer was following, exactly why this woman was shot and no one else, and whether the officer’s behavior conformed to those rules. We don’t know what happened curing the investigation, and we don’t know what sort of evidence would have been considered “sufficient” and what was lacking.
Nor, of course, do we know the name of the officer who shot Ashli Babbitt – unlike in all the recent cases such as Daunte Wright’s, in which officers’ identities have been released very quickly, even before the officers are charged with anything.
Maybe the dropping of charges was the right decision; maybe not. But the public hasn’t been given enough information to judge and I doubt we’ll ever get that information. The feds say they are so scared of the dangerous and violent “insurrectionists” on the right, but they certainly don’t seem particularly afraid of riots as a result of stonewalling and not pressing charges in cases such as these.
Will Ashli Babbitt’s family sue? Don’t sit on a hot stove till Ben Crump comes to their rescue.
[ADDENDUM: On the other hand, it was announced today that the officer in the shooting of Jacob Blake in Kenosha was not charged and has been reinstated. I’ve written at length about the Blake shooting – in particular, here. Note in that post the quotes from certain state officials who rushed to judgment. I would bet that the BLM crowd will not accept today’s announcement as valid.
More:
“Officer Sheskey was not charged with any wrongdoing. He acted within the law and was consistent with training. This incident was also reviewed internally. Officer Sheskey was found to have been acting within policy and will not be subjected to discipline,” the press release stated.
Sheskey returned from administrative leave on March 31. Miskinis said some “will not be pleased with the outcome,” but that, given the facts, the “only lawful and appropriate decision was made.”
Blake – who is paralyzed but alive – has filed a civil lawsuit. Will there be a settlement, as in so many of these cases?]

