Prosecutors open door for possible reduced sentence for ex-cop convicted of manslaughter

Ex-cop convicted of manslaughter will be set to be sentenced to prison

Previously, prosecutors were seeking an enhanced sentence during the trial of former Brooklyn Center Police Officer, Kim Potter. Now, they’re recommending just over 7 years, but there will also be the possibility of a downward departure if Potter can prove she can contribute to society.

Minneapolis, MN – Former Brooklyn Center Police Officer Kim Potter will be sentenced at the Hennepin County Courthouse this Friday.

Potter was found guilty of both first- and second-degree manslaughter in the death of Daunte Wright in December 2021.

During Potter's trial, Matthew Frank, the lead prosecutor, had previously said the state would be seeking an enhanced sentence.

Former Brooklyn Center police officer Kim Potter listens to the jury's verdict in the Hennepin County Government Center in Minnesota, on Thursday, Dec. 23, 2021. (Fox News)

However, state prosecutors filed a motion on February 15, which allow Potter to make her case for a downward departure.

In the memorandum, the AG's office explained that if Potter can convince the court she can serve in society's best interests, she can face a lower sentence which includes the following penalties, if Judge Regina Chu allows:

"Defendant should serve one year in jail to reflect the seriousness of Daunte Wright’s death.
Defendant should speak publicly about the dangers of weapon confusion to law enforcement agencies.
Defendant should make herself available to the Wright family if they decide, at a time of their choosing, to speak with her about their loss.
Defendant must remain law-abiding; and defendant should be placed on probation for a period of 10 years."

"… For the Court to depart on this basis, Defendant would need to establish that society’s interests are better served, not just her own. She would need to show that something good can come of a probationary disposition," the filing published by Minnesota AG Keith Ellison reads.

Kim Potter is being held at a correctional facility in Shakopee, Minnesota, while she awaits sentencing. (Minnesota Department of Corrections)

If Potter cannot convince the court she can serve in society's best interest, the state’s presumptive sentence is 86 months, which is just over 7 years.

In Minnesota, first-degree manslaughter carries a maximum penalty of 15 years.

Potter's sentencing hearing is scheduled to begin at 9 a.m.

In this screen grab from video, former Brooklyn Center Police Officer Kim Potter becomes emotional as she testifies in court, Friday, Dec. 17, 2021 at the Hennepin County Courthouse in Minneapolis, Minn. (Court TV, via AP, Pool)