A Minnesota Supreme Court reversed a conviction of the third-degree manslaughter charges for former police officer Mohamed Noor, a black man who shot and killed a white female 911 caller, Justine Ruszczyk Damond, four years ago
The former officer is going to be resentenced but this time just for a less penalizing manslaughter conviction alone. He was convicted of the second-degree murder manslaughter death of Damond on July 15, 2017.
Originally he had a 12 1/2 year penalty given to him for the murder in 2019. With a new conviction he’s looking at between 41 and 57 months and there is a possibility he may be released for time served or he will be released later in the year.
He’s been in jail since April 30, 2019. The court ruled that the prosecutors could not prove that he acted with a depraved mind without regard for human life and this is what was needed for a third-degree conviction. The court also ruled against the prosecution saying that it was not clear that Noor was only targeting the woman.
The statute has always been used in cases on the defendants accused of putting multiple people in harm’s way.
According to the court, the victim had called the police after she thought she heard a woman in her neighborhood being assaulted. She then came outside to greet the police officers and startled the officers Matthew Herrity and Noor. As a result, Noor fired one shot killing the woman.
In addition, police never could conclude if someone was actually being assaulted in the neighborhood. The chief justice said that the court and prosecutors agreed that Norris decision to shoot a deadly weapon because he was startled was disproportionate and unreasonable yet many officers who shoot and kill citizens, especially those of color use the defense they “felt in fear of their life” and are often cleared when the situation is of the reverse races.
The family agreed to receive a $20 million settlement. Damond was a dual citizen of Australia and the United States