taser, taser, taser! shit! i just shot him. >> you can hear her using the expletive, then saying i just got him. late today, potter posted bail, which was set at $100,000. her first-court appearance is scheduled for tomorrow afternoon. miguel marquez joins us now from brooklyn center. so what's been the reaction to the charge against former-officer potter? >> reporter: there is relief, certainly, that she has been charged and been charged so quickly. the fact that the -- she resigned, that the -- that the police chief resigned, and these charges have come have all been met with elation by the crowd that has gathered here for a fourth night now but they also say it's not enough. they want not only her charge with -- with greater crimes, essentially. murder charges is -- is what they would like to see. but they want all those everyday transactions between african-americans, people of color, and police to cease. this case, like the george floyd case before it, like so many before that, has just become a rallying c

taser, taser, taser! >> okay. no gun here. no gun. that's a taser, everybody. >> did we do it right? >> you did it right. at this time you would walk up to the individual and secure him. so right now we want -- >> so he's okay, though. >> he was okay. >> that was the right way to handle it? >> that was the right way to handle it. >> reporter: the training is intense and part of the training says the chief is never to use a gun or taser unless you absolutely have to. >> if you identify the person they get away you'll still find them. there is still time. slow things down. >> it going to be okay. everything will be all right. >> reporter: gary tuchman, cnn, new jersey. >> more shots fired. >> a lot can happen in the heat of the moment. perspective from our legal and law enforcement team. charles ramsey and former top cop and senior legal analyst and former prosecutor laura coats. chief ramsey, you see gary's piece and that's familiar to you. what do you say to those asking how an officer with more than two decades experience can get it

>> taser, taser, taser. oh, [ expletive ] i just shot him. >> a police officer mistaking a gun for a taser is something that shouldn't happen by design, but it does happen n 2015 in tulsa when eric harris was killed. listen. >> i shot him. i'm sorry. >> i shot him, i'm sorry. in oakland in 2009, oscar grant was killed by a police officer at the fruitvale train station. the new york time has reviewed 15 of these so-called weapon confusion cases over 20 years. the numbers break down like this. five of the officers were indicted. three were convicted. the other two are still pending. for context, keep in mind most years we have about 1,000 deadly police shootings. the arrest rate is usually around 1, 2% of cases. the numbers don't explain the how. so, how does a trained professional mistake one of these, a glock 9-millimeter, for one of these, a taser? we don't know the exact model of either that kim potter was carrying. what we do know is that what happened in brooklyn center is exactly why officers are traine

there was a call "taser, taser, taser." but if you look at the video again, her gun is out in front of her. she could identify it. that was not a taser. the taser is a yellow gun. her gun is a dark gun which is what i carried five years. so much has to do is who getting into this and reimagining law enforcement and what kind of people and what's in their mind? as the mayor said here, they had the idea and they knew who he was. it is a misdemeanor. is it worth it to take somebody's life? >> right, they could have chase him down or got him another time as opposed to at the time. >> what the chief is raising of this issue as she's yelling taser and the gun is in front of her. let me ask you about this. she's a 26-year veteran of the force. again, i want everyone to remember that you have been involved in a case like this with oscar grant and whether if there is a mistake of taser. kim potter is a 26-year veteran in the force, involved in training and from that tape it sounds really clear that she's shocked and upset by what sh

taser, taser, taser. oh, i shot him! >> a lawsuit in virginia alleging police used excessive force against an army lieutenant, pepper spraying him, pushing him to the ground after pulling him over in a traffic stop. joining me to discuss, former maryland state police officer neil franklin. thank you for joining this evening. whether you call this an accident or negligence -- i'm speaking about what happened in minnesota -- whatever it is, daunte wright is dead as a result. how does a trained officer mix up a taser with a gun? >> i don't know. don, to me, it's not an accident. we have extensive training on this. i don't know what the exact details of her training are. that's going to be looked into. they're going to examine that. they're going to do research, find out when she was first trained, how frequently she's been retrained. they're going to look at all of that as well as the training records of other personnel too to see if they have a looming problem with this. but i don't get it. most agencies, they carry that t

taser taser taser, sergeant brian frasure with alameda county sheriff's office is a firearms and taser instructor. he says proper training includes an eight hour class to start along with that annual re certification course that they're key to preventing a law enforcement officer from mistakenly pulled. i got a gun and firing it instead of a taser. if you have a lot of training, you should make those confusions. but it could still happen. police killing of dante right in minnesota sunday is among 16 cases of possible weapons. confusion in the united states since 2001, according to data compiled by the website. fatal encounters dot org's and the university of colorado, right and the 2009 case of oscar grant killed by a bart police officer in oakland are among four such incidents that ended in death. experts say weapons confusion cases are rare. i am right handed. so the tasers on my non dominant or weak side to help prevent weapons, confusion, frasier cares the taser on his left side, he says. it should be worn in a position where he has to reach cross body to pull it out. and being a r

she said taser, taser, taser and then she shot him with her gun. immediately saying oh expletive, i shot him. that body camera footage is released by brooklyn center authorities today, and you're seeing the aftermath of that air, with these live images on your screen. of course this is only about ten miles from the courthouse, where the trials underway for former minneapolis police officer derek chauvin is on trial for killing george floyd in low level, line forsman interaction, last year. there is right now, in the whole minneapolis st. paul region. there is a full county curfew in effect tonight, nobody is supposed to be on the streets. for almost two hours now. that's already been in effect, as you can see there are in the scenes we're looking at, hundreds of people here. this is outside the police station, in brooklyn center minnesota. and as you can see, people are out in force, we have seen some people shaking the fence, we have seen what looks like fireworks. we have definitely seen people in what appears to be de crump flirtation with the p

she said taser, taser, taser and then she shot him with her gun. immediately saying oh expletive, i shot him. that body camera footage is released by brooklyn center authorities today, and you're seeing the aftermath of that air, with these live images on your screen. of course this is only about ten miles from the courthouse, where the trial's underway for former minneapolis police officer derek chauvin is on trial for killing george floyd in low level, law enforcement interaction, last year. there is right now, in the whole minneapolis st. paul region. there is a full county curfew in effect tonight, nobody is supposed to be on the streets. for almost two hours now. that's already been in effect, as you can see there are in the scenes we're looking at, hundreds of people here. this is outside the police station, in brooklyn center minnesota. and as you can see, people are out in force, we have seen some people shaking the fence, we have seen what looks like fireworks. we have definitely seen people in what appears to be de crump confrontation wit

the officerelled taser, taser, taser before he was shot. the death has experienced knights of protest. arrested for throwing objects of belief -- objects at police. the national guard responded with flash grenades and tear gas. family members have rejected the notion it was an accident. so, how can an officer mistaken handgun for a taser? it has been reported that taser's look and feel different and a number of ways. tasers are often produced in bright colors to distinguish them from pistols. pistolsould normally weigh significantly more than tasers. most police forces also have protocols in place to prevent mixups. the brooklyn center police department dictates officers must wear their guns on their dominant hand and tasers on the opposite side. that is to reduce the risk of confusion. as you can see from the footage, the fellow officers gun can be seen in the raid on his body. the social a few moments later. in his holer so i weapon can be grabbed by dominant hand. so, u.s. media is reporting the officer who fired the handgun is 48-year-o

, if she made the state at that point in time it's the mental state and she announced taser, taser, taser and the impression is her mental state was to use the taser. i'm not excusing but that's the facts. i understand why the community is very, very upset about it because there's a huge difference between a clock and a taser so i get it. >> as the picture shows. you are saying the community needs more, they need to understand there will be no situation to justify using a taser for air freshener or expired tags, whatever it had been, the officer did know, because they ran wright's lesson, that he had an outstanding warrant for weapons charge, will it help in the eyes of the jury that perhaps it made her more afraid or likely to reach for that, unfortunately, gun. >> no, i don't think that that would matter. i mean, again, it was an outstanding warrant for a weapons charge when he does not have a weapon on him. they had his name, his address, the car they know he's driving. these are things that, you know, if he were to drive away they know where to get him. he was not -- the level of thre

wright shouts taser, taser several times. that's part of the officer's training prior to drawing a taser, which is a less lethal device, that is done to make her partners aware that a taser -- during this -- the officer drew their handgun instead of their taser. for informational purposes we train with our handguns on our dominant side, and our taser on our weak side. if you're right-handed you carry your firearm on your right side and your carry your taser on the left. this is done purposefully, and it's trained. as i watch the video and listen to the officer's commands it is my belief that the officer had the intention to deploy their taser but instead shot mr. wright with a single bullet, this appears to me, from what i viewed, and the officer's reaction in distress immediately after, that this was an accidental discharge, that resulted in a tragic death of mr. wright. i have asked the bca to conduct an independent investigation into the shooting and death, once they are completed i expect they will submit their findings i

would have been secured on the left side so i have to actively go across my body to release the taser from it's a whole surface and then deploy it the taser has a completely different feel than the pistol does you also depending upon the model we carried of believe the x 26 taser you have to with your thumb slick up if you will a safety to engage the taser none of those mechanics again i don't know what model that the bluebook police department uses in that video but if it was that you would have a completely different feel you would not have gone to right side this is either bad training or this is a scared police officer story the problem i'm going to have for me personally as you're going to see a lot of live supporters who are going to be jumping to the aid of this police officer saying that it's a high stress circumstance we don't know what she was thinking we know you can't you cue can mistake this was this was this was a point this was absurd to go to a pistol have it in your hands. obviously had tunnel vision on the suspects i don't know why she thought well at this point she

taser, taser. yelling taser, taser, taser is what officers are supposed to do before they deploy their taser. but that did not happen. the family of daunte wright has said they have a hard time accepting what happened to their son on sunday was an accident. again, breaking news at this hour. the washington county attorney tells cnn he has filed second-degree manslaughter charges against potter. now, you may remember officer muhammad nor was also charged with second degree manslaughter and officer derek chauvin is on trial for the death of george floyd, and chauvin was charged with second degree manslaughter as well as second and third degree murder. john? >> adrian for us on the scene. let's get important insights now from laura coates, the former attorney, and cedric. >> based on what we learn from the now attempted to be resigned chief, this idea of accidental, the notion is saying culpable negligent is going to be the standard. what does that mean? it means you are grossly negligent and reckless

. >> taser, taser, taser! i just shot him. >> as i watched the video and listened to the officer's commands. it is my belief, that the officer had the intention to deploy their taser. but instead, shot mr. wright with a single bullet. this appears, to me, from what i viewed, and the officer's reaction and distress, immediately after, that this was an accidental discharge, that resulted in a tragic death of mr. wright. the officer is currently on administrate efb leave. >> wright drove several blocks before hitting another vehicle, according to police. police and medical personnel attempted lifesaving measures following the crash but wright died at the scene. wright's mother, katie, told cnn affiliate, kr tv, she was on the phone with her son before the shooting. it's unclear to cnn how katie wright knew police had hung up the phone. protects erupted in a suburb outside minneapolis in the aftermath of his shooting. hundreds taking to the street sunday night, clashing with police. the national guard was, also, o

typically what hand happens is when somebody deploys their taser to prevent things exactly this issue from what happens your teaser is is is secured on the opposite side of where your pistol is so i'm right hand dominant and i had my pistol on my right side of my body my taser would have been secured on the left side so i have to actively go across my body to release a taser from it's a hole sir and then deploy it the taser has a completely different feel than the pistol does you also depending upon the model we carried a bleed the x. 26 taser you have to with your thumb slick up if you will a safety to engage the taser none of those mechanics again i don't know what model that the blue book police department uses in that video but if it was that you would have a completely different seal you would not have gone to right side this is either bad training or this is a scared police officer story the problem i'm going to have for me personally as you're going to see a lot of live supporters who are going to be jumping to the aid of this police officer saying that it's a high stress circu

even though she yells taser, taser, taser there is some evidence on this video could be a mistake. there are some officers questioning before the trigger is pulled. in the triggers being a poll you'll be able to know it and feel without seeing it. kennedy: that also goes back to training. someone that senior, are they skipping the refresher course? but in reason today there's an article about the over criminalization on why this person was pulled over in the first place. there's one story the tabs were expired gather there too many air fresheners. that seems like a bad reason for a stop like this. spend really need to divorce policing and highwood patrolling her street patrolling with this kind of activity. there should not be air freshener stops there are but there should not be. the taser is not like a water balloon. tasers have led to people dying it is of my opinion love your not posing an imminent threat to somebody or just acting so chaotically that who knows what is going to happen next, you should not be hit with a weapon that has the potential to kill people. and again tas

taser, taser, taser! holy [ bleep ] i just shot him. >> cnn's miguel marquez is in brooklyn center and he joins us now. miguel, what is the latest on the ground? >> well, there is several hundred protesters that came out so if you give people a look at what is happening here. this is the area near brooklyn center police department. i'll give you a second. and listen to people as they chant. ♪ is guilty as hell, the whole damn system is guilty as hell. >> it is an blood alcohol stunning scene out here. it's a driving snow, nearly a blizzard. people have only showed up in bigger numbers at this point. they marched from the police station in brooklyn center down to the federal building. the department of justice, fbi building about a block away and we're winding through the streets of this neighborhood, and they are going to eventually go back to the brooklyn center police station. i can tell you that a ton of extra security showed up today in the form of individuals, big trucks ferrying personnel from the

, taser." the police chief described what they thought as an accidental shooting. this is the video that was shown. we've edited out the actual shooting when he sits down in the car. let's see if you can hear it. >> okay and that's where the audio cuts out. she was yelling taser. the police chief said it appears to be accidental. she meant to grab her taser and instead grabbed her gun. we stopped the video. he drove off, crashed and died. that news conference john at times was confrontational. it was emotional as you heard the police chief actually crying as he delivered a very emotional answer to the reporters in the room. >> it's the worst of the world. you have the tragedy as the derek chauvin trial goes on. the nation is still reeling. as the chief, he outlined, the officers have tasers on one side of their belt. the most unfortunate tragedy you could ever imagine, it appears this officer and instead of reaching for the taser reached for the gun. you didn't hear her reaction, but if you wat

here's that moment. >> taser, taser, taser. >> [ bleep ]. i just shot him. >> second-degree manslaughter. what is that charge, and how much do you think that moment we just saw factored into the prosecutor's decision? >> well, jake, second-degree manslaughter in minnesota is essentially a charge of culpable negligence. it requires prosecutors to show two things, gross negligence which means that the standard of care, that she grossly deviated from the standard of care that she owed and recklessness meaning that she knew that there were circumstances with her actions that could lead to death or serious injury and she consciously disregarded those. so it is something that the prosecutors have to prove. minnesota doesn't interest a negligent homicide statute. that would be alers statute that they could charge so they had fewer options because minnesota doesn't have that statute, and, you know, the video is going to be critical. it seems to demonstrate on its face that she didn't mean to use her gun, that she meant to use her taser. they could f

last time, taser taser taser. then the man on the ground pops up with a gun. >> hands, hands, threat, threat, threat. the deadly threat leads to the officer using his gun, all part of the critical decision-making that's emphasized here. >> the sanctity of life and the preservation of life is the core of what we do. >> the gun's on my right hip. yellow taser is on my left hip. much heavier. >> i am then given some of the training and new police recruit were to get. >> sir, we're here to help you. >> introduce yourself. >> i'm with the police. >> we are told this man has threatened to stab a child. >> sir, we're here to help you out, sir. >> active listening. see what he's saying. >> i'm going to listen to yo you're saying. >> you messing with me? >> sir? >> you're messing with me, i know you are. >> no. >> you know who i am? you better back off. >> sir, we're not messing with you. we're not messing with you, sir. >> you know who i am? >> who are you, sir. sir -- >> that's who i am. >> sir, we want to help you, plea

taser! taser! >> holy [ bleep ]! i just shot him. >> reporter: the car driving for several blocks before crashing into another vehicle. according to authorities, paramedics tried to save his life, but wright was pronounced dead at the scene. tonight, that officer is on an administrative leave pending an independent investigation. >> we cannot afford to make mistakes that lead to the loss of life and so i do fully support releasing the officer of her duties. >> oh, my god! >> reporter: overnight, protests erupting. tensions already high in the city with the trial of derek chauvin just ten miles away. >> our hearts are aching right now. we are in pain right now. and we recognize that this couldn't have happened at a worse time. >> reporter: president biden weighing in. >> we do know that the anger pain and trauma that exists in the black community, and that environment is real, it's serious and it's consequential. we should listen to daunte's mom, who is calling for peace and calm. >> reporter: daunte's mother heartbro

we have seen the body cam footage from the officer who says taser taser, taser. and then shoots mr. wright and says oh bleep, i shot him. that officer has been identified, her name is kimberly potter she is a 26 veteran of the police force. she has been put on administrative leave. the mayor of the brooklyn center has called for her to be fired but as of yet, she has been on live and has not been we are watching this tonight. relieved of her job. we are watching this tonight. there is a curfew in effect, there is there has been a curfew that has been called in there is a curfew in effect, the counties and that much route politan area but it hasn't done anything to keep this increasingly tense there is there has been a curfew that has been cold in the counties and that much brooklyn center from unfolding. route politan area but it hasn't done anything to keep our live coverage continues this increasingly tense brooklyn center from unfolding. now with the last word, our live coverage continues now with the last word, lawrence o'donnell hosting. lawrence o'donnell hosting. good evening

instead of their taser. for informational purposes, we train with our handguns on our dominant side and taser on the weak side. if you're right-handed, you carrier firearm on the right side and the taser on the left. this is done purposefully and is trained. as i watched the video and listens to the officer's command, it is my belief the officer had the iention to deploy the taser but shot mr. wright with a weapon. it is my belief this was an accidental discharge. anchor: hundreds of protesters gathered near the scene. police supported by the national ard used tear gas against the demonstrators, angry at the shooting of another black man. we heard from the mother of the shooting victim. she told reporters that she spoke to her son moments before he was shot. >> he was getting pulled over by the police and i said why did you get pulled over? he said they pulled him over because he had air fresheners hanging from the rearview mirror. he was only 20 years old and d not deserve to be shot a killed. anchor: in re

taser! taser! taser! [bleep] elijah shot him. >> sean: the officer that fired the fatal shot is on leave. we pray for the family of daunte wright. there must be a full, thorough, complete investigation but the brooklyn center city manager who just called for due process has been fired for calling purdue process. meanwhile, many innate around minneapolis responded with violence. rioters pelting police with bricks and other objects like we saw all summer, although in joe and kamala harris never addressed it although, harris supported the bill funded minneapolis. over 20 businesses were broken into and looted, all while minnesota's democratic governor fanning the flames. instead of urging his people to remain calm and away the result. he rushed to judgment and vilified police with a tweet that read in part "the life of a black man taken by law enforcement." sounds like a conclusion, it doesn't sound like leadership or that is a shameful attempt to use what is already a horrific tragedy to score political poi

she says taser, taser, taser, then she shoots him. the officer appears to realize she did not tase him. she shot him. the autopsy released says this individual died of a gun shot wound of the chest and the manner of death is a homicide. daunte wright's girlfriend was in the car when he was shot. as you saw in the video after the shooting, mr. wright drove away. he did drive a short distance before crashing and then died. his girlfriend called mr. wright's parents from the car. mr. wright's father raced to the scene and was there in less than ten minutes of this happening, his son laying dead on the street when he got there. now the officer who shot daunte wright is on leave now following this incident yesterday. the mayor has called in the department to fire her while the matter is being investigated. this all happened yesterday. it happened ten miles from the courthouse where derek chauvin is on trial, former minneapolis police officer charged with murder and manslaughter for the death in custody last year of george floyd, another mi

the taser. whether or not the charges go far enough, i think what the community needs to appreciate is that there is a charge right now. there can always be another charge added on. i know some people are saying it is too quick to charge. it is not too quick to charge. we have videotape. we see what she did. this is intentional. this was a conscious decision she made in reaching for her gun. >> the former police chief said it was an accident, cited the fact she kept screaming out taser, taser, taser, which you're supposed to do if you use a taser, the argument being she thought she was using the taser. >> well, she may have yelled taser but she reached for her gun. so there's certainly a large discrepancy there, and she could not have reached with her taser with her right hand. this is a serious deficiency in training, first of all on the department, and number two, she made that conscious choice with her right hand reaching for her gun, and when you look at the tape, there was enough time for h

taser, taser, taser. >> oh, shit. i just shot him. >> we hear the officer say taser, taser, taser and fires her gun and not the taser and then says i shot him. what does the police chief have to say about the video and why did he release it? >> reporter: well, i'll start with the why. the chief said he release it had because he wanted to be transparent. this is unprecedented, especially here in the state of minnesota for a department to release body cam video so quickly, but he felt he owed it to the public. he felt he owed it to the community, especially members of the community that you see outside of the police department right now. these are some of the same people who showed up here last night protesting the officer's actions and in full transparency he is calling this an accident. he said she thought she was reaching for her taser because in that video you heard her say taser, taser, taser which is what officers are supposed to do before they deploy their tears, but clearly she mistaked her taser for her gun sho

i will tase, i will tase you, taser, taser, taser, discharge, holy -- and i just shot the guy. i can't make a conclusion yet. we need a full investigation, i do believe in something that's called due process, the city manager got fired for saying that even joe biden got something right and he said it, too, that we need a full investigation. this officer of 25 years deserves due process. we talk about a fog of war. this was an instance where somebody was out on bail, firearm offense, and this person attempted -- resisted arrest and attempted to flee. i don't know if it's similar but adrenaline is flowing. do you see that that's a possibility, that this was, in fact, an accidental discharge? >> well, of course, but look, let's cut to the chase here, sean. instead of cursing the darkness why don't we try lighting a candle. let's call it like it is. this is a debate about crime and its relationship to race. that's what this is about. and just as it's a statistical fact that more men than women commit crimes, just as it is a fact statistically that more young people than older peopl

taser taser. we said trained to do. but she forgot that she had a gun in the hand piggies believes a mistake like this is very unlikely, especially with police safeguards on weapons. you know that that haze is clearly another caller and that's on purpose so that they don't confuse. >> get confused and its own and not in a train. you to go across your body. so, you know, when you reach crush a body. you reach a foot in taiz, a retired nypd detective ryan mcneill knows firsthand what it's like to fire his service weapon. >> and take a life. i myself. >> had the unfortunate task of pulling on my weapon. guy that was armed. mortally wounding someone that they're still listening to this day mcneil like put these questions the training of the officer involved. >> why a taser oregon was needed in the first place. with take down procedures that they have. >> in a close proximity overall potential perpetrated to get them down before they pull out a taser. a gunman might stick mace. they were in within. for

, taser, taser! >> this is video that police say shows officer porter didn't mean to shoot wright, and she accidentally pulled her gun instead of the taser. this morning his father spoke with robin roberts on "gma." >> i expectant accept i am never going to see my son again. he is not coming back. i can not accept that. this officer has been on the force for 26 years. i can't accept it. >> porter is now on administrative leave and the mayor of brooklyn center says he supports firing her. president biden has called for a full investigation and vice president harris says prayers are not enough and wright's parents deserve answers. kumasi? >> thank you, jobina. >>> a the shooting sparked vigils right here in the bay area. >> 20-year-old dante wright shot and killed by a minnesota police officer sunday and remembered outside of oakland city hall monday evening. the role of the gun and taser in that case being compared to many about what happened in 2009 to oscar grant. >> it immediately took me back to w

taser, taser, taser. oh, i shot him. i just shot him. >> oh, whoa. >> yes. >> joining us now kirk brook halter criminal law profess forat new york law school director of 21st century policing project and mark clak ston, both are former nypd police detectives. let me begin with you, professor and your reaction to what we're seeing on that video and the police chief's interpretation today of that video and what she said afterwards that this was an accident. reaching -- thinking she's reaching for the taser when she's reaching for the gun. >> sure, lawrence. thank you. and i would like to focus on the word accident. under the law, even if one doesn't necessarily intend to do something, however, if they do so neg lejtly and recklessly you can be culpable and it's no longer an accident. we have seen repeatedly that there is a difference in how the force is administered by police departments against people of color and with respect to others. so, at what point does it stop being an accident? now, i can understand the chief's a

again, she yelled taser as she's supposed to do but she didn't pull a taser. she pulled a firearm. it's clearly negligence that's involved in the case. whether or not she's charged or not, i don't know. it certainly possible in minnesota. that's one of the charges against derrick chauvin. it's very possible that she might be charged but that's up to the district attorney or attorney general to make that type of decision. but it just shouldn't have happened. it's pure negligence on her part. >> andrew, in a case like this, too, and we've seen a number of cases where the underlying charge or the underlying suspicion or the reason somebody was pulled over in the first place is often relatively minor compared to what is happening, a death, what stands out to you? >> so many. a young man pulled over for driving on a tag that had an expired registration. every one of us that has driven a car has been pulled over for something like that that is typically a window rolled down and an officer tells you to get your paperwork in order and sends you on your way. in this case they discovered he

now, this idea that you mistake your gun with a taser or your taser for a gun? this woman was on the force for two decades or more. how does this happen? >> i think that's what makes this an appropriate case for criminal charges. it should be pretty exceptional to charge someone with a crime as serious as homicide for what they have done in intentionally. you have to believe it was more than just mere carelessness but i departure from a reasonable standard of care that is so significant that it is morally the equivalent, almost, of almost intentionally killing someone. that is the big difference between a police officer and an ordinary person. if we were reaching for a weapon at home and confused a taser with a gun, that might be more understandable. for an officer who has been through years of professional training, it is very difficult to believe, and if we believe it is unintentional, we have to think it is a huge departure from what reasonable conduct would have looked like. >> going to have to do to prove their case? >> they are going to have to demonstrate

he said he meant to use his taser. >> here we go again. weapons confusion. you know, only, i mean, especially with our experience in going to trial and hearing the arguments to try justify why weapons confusion should be acceptable. >> uncle bobby, is there such a defense in your opinion for confusing your taser with your gun? >> there's no defense. and, as we know, there's no such thing as weapons confusion. the two are different, the color is different. the weight is different. to make this argument that i confused my weapon for my taser is a poor excuse. >> uncle bobby is what he goes by. and along with being so distraught for more than ten years now, the grant family, cephus, included, has been through a lot. they have prompted a lot of changes. among the changes, b.a.r.t. has an independent police auditor with the citizens oversight committee. things are changing, but we'll see what happens now in the minneapolis area. janelle, jessica? >> thank you, raj. six women have accused the windsor mayor of sexual assault. the mayor denies the claims and is refu

what we're learning about the officer who shot him apparently mistaking her gun for a taser and the question now, will she be fired? >>> also breaking overnight, new video from the scene of america's latest school shooting. a police officer among the wounded. >>> more shutdowns on the way. the debate over how to respond to surging covid cases in parts of the u.s. and this morning, the business impact. a beloved chain of movie theaters now closing for good. >>> the volcano emergency in the caribbean and the race to escape after another major eruption. >>> later changing how we shop. amazon makes a move to change how we buy groceries. ♪ put me in coach ♪ >>> perfection on the mound. the young woman and the perfect game that will go down in history. ♪ put me in coach i'm ready to play today ♪ >>> and on this tuesday morning we do begin with the growing unrest in the minneapolis area after the police shooting of daunte wright. >> a curfew is in effect in three counties but overnight protesters defied those curfews clashing with police who responded by firing tear gas. and flash grenades.

this video is hard to watch. >> taser, taser, taser. >> [ bleep ], i just shot him. >> daunte wright's attorney, be benjamin ben crump. >> it boggles the mind she would pull him over in the first place or were you really being targeted while driving black. she's the training officer. she's training the young officer of what to do in these situations? was that a lesson of deesc deescalation. ben crump will be my guest in a mo m moment. the mayor is urging calm tonight under a third night of running. >> i share our community's anger and sadness. my message to all who are demanding justice for him and for his family is this, your voices had been heard. now the eyes o the world are watching brooklyn center. i urge you to protest peacefully and without violence. >> right now more than 3,000 minnesota national guard members have been activated in the twins city to handle these protest and the near by chauvin's trial, the officer charged with killing a black man, george floyd. we have seen looting and unrest amid the protests. more than 100 rioters been arrested so far. adrian, what's the lat

steve: taser, taser. ainsley: she says taser, taser. officers i was listening last night to our broadcasts and officers on our late night shows that's our training tough announce taser, taser, then she thought she was pulling out the taser, it appears, and then when she realizes that she had shot him she said holy blank. steve: i just shot him. ainsley: tells most of us i didn't mean to do that. brian: can we hear her side of the story? why is that so crazy to hear her side of the story? ainsley: cuomo, all the media outlets are saying there is due process. is he innocent until he is proven guilty. brian: only got 9 accusers. ainsley: you say that in any situation that's one of the beauty of being in america. brian: if you are going to fire the police chief two arrests on sunday. there was wild looting going on. i don't think can you blame the police chief. take the keys, you got it. good luck. they have already defunded the police. ainsley: the police chief was emotional yesterday. brian: of course. ainsley: these are my men and women

taser, taser, taser! oh [ bleep ]! i just shot him. >> oh wow. >> yes! >> joining us now criminal law professor at new york law school as a director and mark claxton, both are former nypd police detectives. let me begin with you, professor. your reaction to what we're seeing on that video and the police chief's interpretation today of that video and what she said afterwards that this was an accident, reaching -- thinking she is reaching for the taser when she is reaching for the gun. >> sure, lawrence. thank you. i would like to focus on the word accident. under the law, even if one necessarily intend to do something, however, if they do so negligently, recklessly, they repeat the action and have the same result, you can be culpable and no longer an accident and we have seen repeatedly that there is a difference in how the force is administered by police departments against people of color and with respect to others. so at what point does it stop being an accident? i can understand the chief's approach with regards to this individual incident but we hear

[inaudible] >> taser, taser, taser. i just shot him. >> the officer who fired that gun has been identified as kim porter, a 26 year veteran of the brooklyn center minnesota police department. she is now on administrative leave during a news conference with the mayor, the chief of police described the events just before the shooting including why officer potter repeated the words taser three times. >> it is my belief that the officer had the intention to deploy their taser but instead shot mr. wright with a single bullet. this appears to me, from what i've viewed in the officer's this appears to me, from what i've viewed in the officer's reaction to distress immediately react after that this was an accidental discharge that resulted in a tragic jet death of mr. wright. >> my position is that we cannot afford to make mistakes that lead to the loss of life. i do. >> police chief followed up those comments by saying there would be an examination of the video before a final decision was made on officer potters fate. tonight,

i'm shepard smith, this is the news on cnbc >> taser, taser, taser. >> the officer shouted taser but fired a handgun instead. >> i just shot him. >> tonight police release the body cam footage the chief calls it an accident. >> this was an accidental discharge. >> a tense city braces for another night of protests. the state prepares to rest its case in the killing of george floyd after final prosecution witnesses, including the victim's brother. >> i always had to ask him for advice because he was my big brother. >> day 11 in the trial of derek chauvin. >>> every migrant's journey begins with a first step tonight on the ground in guatemala and the hopeless conditions fueling the trip north. >>> when you get a covid shot do they get your private data a warning from watch dogs and a vow for privacy. >>> plus iran vows revenge after nuclear facility blackout. >>> will smith yanks his slave movie from georgia and old school meme goes nonfungible. >> announcer: live from cnbc, the facts, the truth, "the news with shepard smith." >>> yet again in america a shooting at a high school, this t