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Various crimes. they are not set in stone. the court has the discretion to depart from guidelines depending on the particular facts of the ca case. a downward durational departure is justified if a crime is less onerous than typical. if the conduct is significantly less serious than that typically involved in the commission of the crime, sentencing below the guidelines is justified. i find the facts and circumstances here justify a downward departure from the guidelines. first, officer potter s conduct was significantly less serious than your typical manslaughter case. ....
Depart from guidelines, depending on the particular facts. of a case. a downward durational departure is justified if a crime is less onerous than typical. put another way. if the conduct is significantly less serious than that typically involved in the commission of the crime, sentencing below the guidelines is justified. i find the facts and circumstances here justify a downward departure from the guidelines. first, officer potter s conduct was significantly less serious than your typical manslaughter case. the misdemeanor predicate for the manslaughter count was reckless handling or use of a ....
Officer potter was required to make a split-second judgment. that constitutes a mitigating circumstance. finally, unlike other manslaughter one cases, officer potter s actions were not driven by personal animosity toward daunte wright. instead she, was acting in the line of duty in effectuating a lawful arrest. this case is highly unusual. the other officer cases tried in this court are distinguishable. this is not a cop found guilty of murder for using his knee to pin down a person for 9 1/2 minutes as he gasped for air. ....
Firearm. here everybody agreed and the evidence is undisputed that officer potter never intended to use her firearm. she mistakenly drew her firearm at all times, intending to use her taser. there were police officers and experts who testified the use of her taser was reasonable and appropriate under the circumstances presented for officer safety reasons. the fact she never intended to draw her firearm makes this case less serious than other cases. second, the scene was chaotic, tense and rapidly volving. officer potter was required to make a split-second judgment. ....
Systems play out for the rest of america, it is enraging, enraging. your thoughts on the whole situation? yeah, tiffany, you know, officer potter is a human being, and she has family, and i understand. she has emotions, and she s allowed to feel how she feels, i think what was so frustrating and infuriating and incredible sad is this isn t about you, officer potter. this is about yet again, another family of a black boy who has lost a member of their community, and so when i m reminded that you don t need white people to uphold white supremacy, you know, as katie said, there s a punitive aspect of the criminal justice system but we know, we have seen time and time again, it s just not allocated equally. if it worked across the board, find, i would have some investment and faith in it. we ve got black women facing five and six years for trying to register to vote. we re not talking about drugs. ....