EXPLAINER: What to watch at Kim Potter's sentencing hearing

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EXPLAINER: What to watch at Kim Potter's sentencing hearing
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The suburban Minneapolis police officer who said she confused her handgun for her Taser when she killed Daunte Wright is set to be sentenced for her first-degree manslaughter conviction

in the April 11 killing of the 20-year-old Black motorist. Prosecutors say a sentence of just over seven years — the presumed penalty under state guidelines — is proper. Potter's attorneys are seeking less, including a sentence of probation only.

The guidelines are advisory, but judges can't go above or below the advised range unless they find a compelling reason to do so.that aggravating factors should warrant a sentence above the guidelines. But this week, they filed another document saying the presumptive sentence is proper. Prosecutors had sought about 10 years in prison, but Koon got 2 1/2 years. Potter's attorneys wrote that the decision to depart from the guidelines in Koon's case was ultimately upheld by the U.S. Supreme Court. But one legal expert said they did not include other context: that the decision was fraught with controversy and led Congress to change the standard that the Supreme Court used to affirm Koon's sentence.

In arguing for only probation, Potter’s attorneys said she has no prior record, is remorseful, has had an exemplary career and has the support of family and friends. They also said her risk of committing the same crime again is low because she is no longer a police officer, and that she would do well on probation.Prosecutors have argued against a lesser sentence, including one of probation only.

Prosecutors also plan to present victim impact statements, in which victims or family members can share how they have been affected by the crime. “It’s kind of bulletproof,” he said. “Before anybody opens their mouth, the judge is in that guideline range box.”In Minnesota, it’s presumed that an inmate who behaves well will serve two-thirds of their penalty in prison and the rest on supervised release, commonly known as parole.

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