Former Minnesota officer Kim Potter, on trial in the death of Daunte Wright, could get a longer sentence if she's convicted and the judge finds aggravating factors.
to impose a presumptive sentencing range for all felony offenses. Despite the potential penalties, judges have the authority to depart from the guidelines when longer sentences are warranted due to compelling issues termed “aggravating factors.”
The constitutionality of sentencing departures under guidelines-based sentencing systems, now used by many states, was called into question in 2004 when the U.S. Supreme Court rIn that case, the high court found that the enhanced sentence violated the Sixth Amendment because a sentencing judge, not a jury, found that the defendant acted with particular cruelty.
Brooklyn Center police Cmdr. Garett Flesland testifies Tuesday in the trial of former officer Kim Potter in the April 11 death of Daunte Wright in the Minneapolis suburb.In addition to Potter’s announcement, the trial Tuesday included testimony from Brooklyn Center police Cmdr. Garett Flesland, a second and more senior member of the department, after jurors heard Monday from Sgt. Mychal Johnson, who was partly inside the vehicle when Potter shot Wright.
on Wright. The commander acknowledged to prosecutors that he had seen only portions of body camera and squad car footage, had not done his own investigating and had not reviewed any reports of the incident. He testified that his defense of Potter’s use of force was mostly based on the scenario described by the defense.
The jury also heard from police Sgt. Michael Peterson, a Taser instructor for the department, who testified about how to operate the device, and whether and when it should be deployed. Peterson also showed the jurywhich is an operational check that Brooklyn Center police are required to do and log at the beginning of every shift. Potter conducted a spark test only six out of 10 days before April 11 and had last conducted it April 9.
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