Daunte Wright Shooting: 5 Fast Facts You Need to Know - Edit: Shot by cop who thought she was using a TASER

[AHM]

Where’s the federal case law that says the MGL statue is unconstitutional?

I take it you've already conducted an exhaustive search and concluded that
it's not unconstitutional under the Massachusetts constitution?

 

[Bonesinium]

I don’t take that to be a valid response or challenge to my question so I’m gonna pretend I didn’t read that stupid shit and assume your trolling. You the same guy who yells “fire” in a movie theatre?

Equating having a sticker on your car to yelling fire in a theater, and you call me stupid? Lol.

 

[Bonesinium]

No. I legitimately asked for specific case law in response to an earlier post that declared the MGL statue unconstitutional.

If you are asking whether it has in fact been ruled unconstitutional…
the law doesn’t prohibit having those stickers on your car. That’s not what it says. It they were to try enforce 266 § 69 for that, I’m not sure it would even make it past a probable cause hearing. That would be required for there to even be a challenge to the statute. And it would likely have to be an as applied challenge.

By what? Are laws not assumed to be just until proven otherwise in the courts? I looked into it prior to asking and couldn’t find anything that substantiated that claim.

That’s the very problem. All laws are assumed to be constitutional until challenged, which is why there are so many laws that clearly violate it, and clearly violate established ruling, that continue to be passed. It’s a perverse system designed with our worst interests.

You failed to provide any specific cases, and said “Cuz the constitution” which I would’ve accepted as a valid argument had you articulated anything remotely reasonable after that.

FWIW I think the specific law is a load of crap and could be considered borderline unconstitutional but I need answers!!

These are the answers. Laws are suppose to be designed so that people of ordinary intelligence and knowledge can understand them. So when you and I read a law that based on ordinary logic and understanding conflicts with the constitution, you would concluded it to be unconstitutional as applied to these stupid stickers.

Again, I provided the specific part of the constitution that makes it unconstitutional. That’s a legitimate answer. I’d add section one of the 14th Amendment as well, otherwise that MGL has no purpose if it indeed were to be ruled applicable to the stickers.

 

[Rob Boudrie]

Again, I provided the specific part of the constitution that makes it unconstitutional. That’s a legitimate answer. I’d add section one of the 14th Amendment as well, otherwise that MGL has no purpose if it indeed were to be ruled applicable to the stickers.

It is a legitimate, but irrelevant, answer as your interpretation is of no interest to the authorities. Only those of a court of competent jurisdiction count.

It's like declaring that "infringement" is unconstitutional, that "taxes on wages are unconstitutional", or that a sovereign citizen must be tried under admiralty law - sincerely held beliefs by some that are absolutely irrelevant when it comes to application of the law.

 

[Bonesinium]

Has someone been convicted of that statute for having the sticker on their car?

 

[VetteGirlMA]

MGL Ch. 268 §33: Falsely assuming to be justice of the peace or other officers

Whoever falsely assumes or pretends to be a justice of the peace, notary public, sheriff, deputy sheriff, medical examiner, associate medical examiner, constable, police officer, probation officer, or examiner, investigator or other officer appointed by the registrar of motor vehicles, or inspector, investigator or examiner of the department of public utilities or the department of telecommunications and cable, or investigator or other officer of the alcoholic beverages control commission, or investigator or other official of the bureau of special investigations, or examiner, investigator or other officer of the department of revenue, and acts as such or requires a person to aid or assist him in a matter pertaining to the duty of such officer, shall be punished by a fine of not more than four hundred dollars or by imprisonment for not more than one year.​

Meanwhile,
"Massachusetts [still] doesn't encourage 'self-help'".

Wow I better get to work cleaning up my linked in profile

 

[Rob Boudrie]

Has someone been convicted of that statute for having the sticker on their car?

Which one? The false use of a trade emblem or impersonating a LEO?

The MPA has always claimed it is a violation of the first, not the later. I know they went after an ebay seller offering these (or reproductions thereof)

In practicality, the notice serves to remind LEOs that the MPA semi-secret squirrel recognition decals be kept from non-LEO persons. I have no doubt that the Chinese couple I knew who were ordered roadside to scrape it off would have suffered some sort of adverse consequence if they refused. Three interesting things about this sticker:

1. The logo is a script overlay of M-P-A in the general style of the gun manufacturer with a logo of superimposed S-W in a similar circle. While the full logo has "Massachusetts Police Association" spelled out on the outer border, the sticker version of the logo substitutes a solid border. It appears that the intent was something other than proudly displaying their LEO status to the public. If you didn't know that logo, you would not know what it is.
2. The sticker is serialized and departmental contacts are asked (or told) too maintain a list of the officer receiving each sticker.
3. The two recommended locations (rear window and drivers side window) just happen to be optimized for traffic stop visibility.

The fact that reproductions were priced at $24.95 when it was for sale on ebay is telling as to the perceived value (and it is certainly not because aftermarket reproductions have a collectible premium): https://picclick.com/MPA-Massachusetts-Police-Assn-Purple-Decal-MPA-Sticker-202367402400.html - and in the embyronic megalopolis of Sedro Woolley, WA of all places. That town has a good Chinese and Mexican restaurant (BTDT).

 

[AHM]

Wow I better get to work cleaning up my linked in profile

Removing the "alcoholic beverage officer" stolen valor?

 

[Rob Boudrie]

Has someone been convicted of that statute for having the sticker on their car?

Craigslist ad for Police Association sticker leads to day in court

LOWELL — A Chelmsford man is in a sticky legal situation after allegedly posting for sale on Craigslist a Massachusetts Police Association windshield sticker that belongs to an Ashby police o…

www.sentinelandenterprise.com

There is a follow-up article about the charges being dismissed behind a paywall:

Charges dropped in police-sticker sale

LOWELL — Prosecutors have dropped charges against a Chelmsford man who was accused last year of posting for sale on Craigslist a set of Massachusetts Police Association stickers that belong t…

www.lowellsun.com

But, it shows that the system is serious about keeping these in the family.

 

[Rockrivr1]

Craigslist ad for Police Association sticker leads to day in court

LOWELL — A Chelmsford man is in a sticky legal situation after allegedly posting for sale on Craigslist a Massachusetts Police Association windshield sticker that belongs to an Ashby police o…

www.sentinelandenterprise.com

There is a follow-up article about the charges being dismissed behind a paywall:

Charges dropped in police-sticker sale

LOWELL — Prosecutors have dropped charges against a Chelmsford man who was accused last year of posting for sale on Craigslist a set of Massachusetts Police Association stickers that belong t…

www.lowellsun.com

But, it shows that the system is serious about keeping these in the family.

Wasn’t that the whole premise behind the blue line stickers and plates. At least until people found out.

 

[Bonesinium]

Charges dropped in police-sticker sale

LOWELL — Prosecutors have dropped charges against a Chelmsford man who was accused last year of posting for sale on Craigslist a set of Massachusetts Police Association stickers that belong t…

www.lowellsun.com

But, it shows that the system is serious about keeping these in the family.

No question.

There is a follow-up article about the charges being dismissed behind a paywall:

"“Essentially, the Middlesex District Attorney’s Office dismissed the case in order to avoid having to either concede the law was unconstitutional or to defend the blatantly unconstitutional law,” Spring said in a press release."

I have zero doubt cops are willing to arrest people for it. People have bogus charges filed against them all the time. The point is, unless someone is convicted, there is no reason to even believe the statute applies to these stickers. One of those reasons is likely because it would be unconstitutional. Which is can be and that doesn't require case law for. A trial court dismissing charges because the statute would be unconstitutional as applied, doesn't create case law, but's unconstitutional nonetheless.

 

[Matt_SERE]

Possible downward departure on sentencing guidelines.

LIVE Sentencing Hearing:


View: https://www.youtube.com/watch?v=4qz6wd1htD0

 

[Hoover]

Sentence is 24 months. Verdict was BS and will be appealed with a good chance of a reversal. The sentencing guidelines called for a range of 6 to 8 years.

She has to serve 2/3rds aka 16 months, then the remaining of the 2 years on supervised release.

Ex-cop Kim Potter sentenced to two years in prison for Daunte Wright killing

Ex-cop Kim Potter was sentenced to two years in prison Friday for killing 20-year-old Daunte Wright, shooting him when she thought she was firing her Taser.

nypost.com

Daunte wright was a POS, the world is not missing him.

 

[Toast]

Sentence is 24 months.

24 months, with only 2/3 to be served (so, 16 months) less 2 months already served.

Total from here: 14 months.

She should have been acquitted, or probation at a maximum if a verdict had to stand. However, the judge was probably worried that the rubble from the resulting riots would be named after her. Potter loses 14 more months of her life and the town doesn't get burned down. All the "right people" think that's a fair trade. Why wouldn't they? There's no cost to them.

 

[Hoover]

24 months, with only 2/3 to be served (so, 16 months) less 2 months already served.

Total from here: 14 months.

She should have been acquitted, or probation at a maximum if a verdict had to stand. However, the judge was probably worried that the rubble from the resulting riots would be named after her.

The judge, in sentencing, said no one disputes that potter draw the gun by mistake. All parties, the prosecution and defense agree she meant to draw her taser and did not know she had the gun in her hand.

And that’s a BIG deal. An accident where the person doesn’t know they are creating a reckless situation as what happened here, is not a crime. It’s an accident. The prosecution argued negligence in their closing and that’s a civil lawsuit, not a criminal charge. The judges own words in the sentencing will be used in the appeal.

This was not justice, there was never a crime and the politically motivated DA knows that.

 

[Toast]

The judge, in sentencing, said no one disputes that potter draw the gun by mistake. All parties, the prosecution and defense agree she meant to draw her taser and did not know she had the gun in her hand.

And that’s a BIG deal. An accident where the person doesn’t know they are creating a reckless situation as what happened here, is not a crime. It’s an accident. The prosecution argued negligence in their closing and that’s a civil lawsuit, not a criminal charge. The judges own words in the sentencing will be used in the appeal.

This was not justice, there was never a crime and the politically motivated DA knows that.

Hell, I think she should just provide a transcript of the judge's statement as her whole appeal, not just a part of it.

The problem is that I don't see any way an appeal court gets to this before she finishes serving the 14 months. Which will be in solitary, unless someone gets a hair across his ass and decides to put her in general population as an additional punishment. While they're
letting bangers out "so that they don't get Covid".

 

[Rob Boudrie]

The judge, in sentencing, said no one disputes that potter draw the gun by mistake. All parties, the prosecution and defense agree she meant to draw her taser and did not know she had the gun in her hand.

And that’s a BIG deal. An accident where the person doesn’t know they are creating a reckless situation as what happened here, is not a crime. It’s an accident. The prosecution argued negligence in their closing and that’s a civil lawsuit, not a criminal charge. The judges own words in the sentencing will be used in the appeal.

This was not justice, there was never a crime and the politically motivated DA knows that.

The ooops defense does work from police in Framingham though.

 

[Hoover]

The ooops defense does work from police in Framingham though.

Duncan, as you know better than anyone, wasn’t negligent, he was reckless which is manslaughter. He didn’t think he was doing x but was doing y. He was walking with his finger on the trigger of his AR. He didn’t purposely shoot but his action of having his finger on the trigger was reckless and he purposely had his finger there. It’s a disgrace he not only was cleared but that he’s still a cop. And Stamps died for a very minor drug warrant search which didn’t involve him at all.

I had a friend who lived in Framingham. He had some minor warrant which he didn’t know about. The Framingham SWAT, all decked out showed up at 5:30 am to the house he was staying at. He had a record from his youth for speed related things, stealing cars as a teen in the 180s, etc. all minor non violent stuff yet they show up like he’s Al Capone. Ridiculous. That was a few years before Stamps so I wasn’t surprised.

 

[Hoover]

Hell, I think she should just provide a transcript of the judge's statement as her whole appeal, not just a part of it.

The problem is that I don't see any way an appeal court gets to this before she finishes serving the 14 months. Which will be in solitary, unless someone gets a hair across his ass and decides to put her in general population as an additional punishment. While they're
letting bangers out "so that they don't get Covid".

I don’t think the appeals court hears it before 16 months either. Maybe if the court sees it as an egregious violation they expedite the appeal. It’s important to appeal regardless for precedent purposes and to clear a felony off her record.

There’s only 1 woman’s prison in Minnesota and until fairly recently, maybe 10 years ago, it was an open campus. It was not surrounded by a wall or fence. I’m sure there’s a section where violent women go within it but the prison as a whole is a very mild type of prison. It’s not San Quentin or Sing Sing.

 

[Reptile]

Former Minnesota police officer Kim Potter set to be released​

Former Minnesota police officer Kim Potter, who accidentally killed Daunte Wright when she mistook her firearm for a taser during a traffic stop, is set to be released from prison on Monday, Fox News reports.

Former Minnesota police officer Kim Potter set to be released

Former Minnesota police officer Kim Potter, who accidentally killed Daunte Wright when she mistook her firearm for a taser during

www.lawofficer.com

 

[MaverickNH]

Former Minnesota police officer Kim Potter set to be released​

Former Minnesota police officer Kim Potter, who accidentally killed Daunte Wright when she mistook her firearm for a taser during a traffic stop, is set to be released from prison on Monday, Fox News reports.

Former Minnesota police officer Kim Potter set to be released

Former Minnesota police officer Kim Potter, who accidentally killed Daunte Wright when she mistook her firearm for a taser during

www.lawofficer.com

It’s a hard job. But you can’t be that wrong doing it, most places now, what with cams everywhere.

Training budgets and opportunities were slashed nationwide during COVID and weren’t so good before. “Train right until you can’t do it wrong” is the right process but usually not the training process followed for all but the elite LEO units.