Minnesota Law Can Prevent Officer Who Shot, Killed Daunte Wright From Being Charged: Attorney

The officer who fatally shot 20-year-old Daunte Wright at a traffic stop on Sunday may be saved from getting charged with a crime because of Minnesota law, according to a former prosecutor.

Civil rights lawyer David Henderson told CNBC's Sherphard Smith that he arrived at his theory after having watched the body camera footage of the incident over "20 times" and having reviewed Minnesota law "probably an equal number of times."

"I think the officer should have been fired immediately because there are points of no return with regard to making mistakes on your job," Henderson said in the interview. "But with that being said, I don't think you can charge this officer with a crime under Minnesota law."

The CNBC contributor, however, believes his theory "should be reviewed by at least three other attorneys to see if they think I'm crazy or just flat out wrong." He also pointed out that a review of the "violent tendencies" that led to the "violent mistake" is important.

Henderson, however, did not specify the laws that may save the cop from being charged.

Wright was driving with his girlfriend along Orchard Avenue in Brooklyn Center when he was pulled over by officers for having an expired license plate and for allegedly having an air freshener hanging from his rear-view mirror, which is considered illegal in Minnesota under statute 169.71.

State legislators have pointed out the growing number of cases wherein police use such laws against minority motorists in what is called a "pretext stop" to force motorists to pull over and give officers an opportunity to investigate a more serious crime, the Pew Research Center noted. In this case, Wright was discovered to have had an outstanding warrant.

Body camera footage of the incident released on Monday showed Wright being apprehended by officers before getting shot as he attempted to flee. Brooklyn Center Police Chief Tim Gannon claimed the officer responsible for the shooting, identified by the Minnesota Bureau of Criminal Apprehension as 26-year department veteran Kim Potter, mistook her handgun for her Taser in a case of an "accidental discharge."

"I'll tase you! I'll tase you!" Potter warned Wright as he entered his white sedan while being held by another officer. She then shouted, "Taser! Taser! Taser!" when she discharged her weapon.

Police said Potter has been put on administrative leave and could be removed from the force entirely.

According to Henderson, authorities should focus on making sure this kind of event never happens again. He also criticized the police's defense in the incident, saying, "I think that if officers can’t tell the difference between firearms and tasers, we need to re-evaluate whether or not they need to be carrying tasers. But also, I think they use them far too readily under circumstances where they're simply not necessary and that's what leads to these kind of mishaps."

Protests and demonstrations continue in Minneapolis following Wright's death, which coincided with the ongoing trial of one of the police officers charged with the death of George Floyd. Several areas are still under curfew due to the protests.