MN - Justine Damond, 40, fatally shot by Minneapolis LE, 15 July 2017 #3

[Rocco]

Woman was fatally shot through door of Minneapolis police car, sources say

The woman called 911 to report a possible assault in the alley behind her home.

'Three sources with knowledge of the incident said Sunday that two officers in one squad car, responding to the 911 call, pulled into the alley. Damond, in her pajamas, went to the driver’s side door and was talking to the driver. The officer in the passenger seat pulled his gun and shot Damond through the driver’s side door, sources said. No weapon was found at the scene.'

The body cams weren't on and there is no recording of the incident.

What the heck happened here????

Thread #1
Thread #2

 

[K_Z]

Ex-Minneapolis cop to go on trial April 1 in woman’s death

Ex-Minneapolis cop to go on trial April 1 in woman’s death

Ex-Minneapolis police officer Mohamed Noor will stand trial in April for Justine Damond shooting
Hennepin County Judge ruled that trial will proceed.

Ex-Minneapolis police officer Mohamed Noor is scheduled to stand trial on murder and manslaughter charges next April for the 2017 shooting of Justine Ruszczyk Damond, a Hennepin County judge ordered Thursday.

In a brief court appearance — Noor’s second since he was charged — Judge Kathryn Quaintance set the April 1 trial date, and also ruled that there was enough evidence to bring the former Minneapolis police officer to trial for the death of the 40-year-old Australian woman last summer.

Ex-Minneapolis police officer Mohamed Noor will stand trial in April for Justine Damond shooting

 

[K_Z]

Civil lawsuit is officially on hold till the conclusion of the criminal trial.

MINNEAPOLIS (KMSP) - A federal judge has ordered the civil lawsuit seeking $50 million against former police officer Mohamed Noor and the city of Minneapolis will wait until Noor's criminal trial is resolved. A trial date of April 1, 2019 has been set for the third-degree murder and manslaughter charges Noor faces for the July 2017 shooting of Australian native Justine Damond Ruszyck in southwest Minneapolis.

Judge: Rusczyzk family's civil lawsuit on hold until Noor stands trial for Justine Damond shooting

Civil suit on hold until after Noor trial

Federal judge delays wrongful death lawsuit against ex-Minneapolis officer Noor until after criminal proceedings

In reaching his decision, U.S. District judge Tony Leung wrote that he was forced to weigh how Noor’s decision to invoke his constitutional right against self-incrimination might impact both his criminal and civil cases. Matthew Harrity, his co-defendant and partner on the night Damond was killed, has also made clear through his lawyers that he would likely to plead the Fifth Amendment in the civil case.

“The Court is extremely sympathetic to the fact that a stay ‘lengthen the time during which the Plaintiff must address the traumatic events alleged,’ ” he wrote in his order, citing case law. “On the other hand, it is altogether probable that Plaintiff will receive little to no answers to his questions from Noor and possibly Harrity through this lawsuit while the murder and manslaughter charges are pending.”

Federal judge delays wrongful death lawsuit against ex-Minneapolis officer Noor until after criminal proceedings

(*ETA-- I'm confused as to why the strike through feature keeps showing up-- I can't fix it.)

 

[Ellie1]

Prosecutors are seeking to add second degree murder charges and say they have evidence showing intent to murder.

This man should never have been on the police force.

Prosecutors Ask To Add Intentional 2nd-Degree Murder Charge Against Mohamed Noor

 

[K_Z]

Arguing that intent was involved, prosecutors are seeking to add a second-degree murder count to charges already faced by the former Minneapolis police officer who fatally shot Justine Damond Ruszczyk in July 2017.

In a motion to amend the complaint against Mohamed Noor, prosecutors argued this week that evidence shows Noor "intended to kill Ms. Ruszczyk when he aimed and fired at her," thus justifying a second-degree murder charge. It is unclear when a judge will rule on their request.

Prosecutors based their argument for the upgraded charge, in part, on the fact that Noor shot at Ruszczyk from close range and with "tragic accuracy," firing the fatal bullet past his partner, Matthew Harrity, and "through the narrow space of the open driver's window," according to the filing.

"As a trained officer, the defendant was fully aware that such a shot would kill Ms. Ruszczyk, a result he clearly intended," said the filing, lodged Thursday in Hennepin County District Court.

Prosecutors seek second-degree murder charge against fired Minneapolis officer Mohamed Noor

Prosecutors on Thursday filed a motion seeking to amend the criminal complaint against him to add a charge of second-degree murder before his scheduled April 1 trial, saying that there is probable cause that Noor "intended to kill" Damond "when he aimed and fired at her."

The Hennepin County Attorney’s Office declined to comment because there is a gag order in the case.

New murder charge sought in Minneapolis officer’s killing of Justine Damond

I think this addition of a *higher* charge is a very interesting development, and provides insight into the prosecutor's case. It certainly gives the future jury a variety of new "intent" issues they will now be compelled to consider.

Typically, we see addition of *lower* charges when it appears that the prosecutor is worried about a jury acquitting on existing charges that might be perceived as over-reach. IMO, these higher charges signal a certain level of confidence on the part of the prosecutor-- but maybe a lawyer has a different take on that.

Noor has not entered a formal plea to the lesser charges yet, but was widely expected to plead not guilty to the lower 3rd degree/ manslaughter charges by reason of self defense.

Trial is scheduled for April 17, 2019.

Added- also, IIRC, 2nd degree is not just "intent" to cause harm or kill, but also covers the kind of specific negligence that comes from a state of knowing, and "awareness", that a reckless or impulsive act could cause serious harm or death-- even if the original intent wasn't to cause death. (Example- a bar fight where someone punches another person in the face hard enough for the punchee to fall and strike their head, causing injury and death. The punch didn't specifically kill, or plan/ intend to kill, the victim, but the circumstances set in potion by the violence of the face punch produced death.)

I think that will be a big source of discussion if the case is tried and makes it to a jury.

 

[ilovewings]

Prosecutors seek second-degree murder charge against fired Minneapolis officer Mohamed Noor




New murder charge sought in Minneapolis officer’s killing of Justine Damond

I think this addition of a *higher* charge is a very interesting development, and provides insight into the prosecutor's case. It certainly gives the future jury a variety of new "intent" issues they will now be compelled to consider.

Typically, we see addition of *lower* charges when it appears that the prosecutor is worried about a jury acquitting on existing charges that might be perceived as over-reach. IMO, these higher charges signal a certain level of confidence on the part of the prosecutor-- but maybe a lawyer has a different take on that.

Noor has not entered a formal plea to the lesser charges yet, but was widely expected to plead not guilty to the lower 3rd degree/ manslaughter charges by reason of self defense.

Trial is scheduled for April 17, 2019.

Added- also, IIRC, 2nd degree is not just "intent" to cause harm or kill, but also covers the kind of specific negligence that comes from a state of knowing, and "awareness", that a reckless or impulsive act could cause serious harm or death-- even if the original intent wasn't to cause death. (Example- a bar fight where someone punches another person in the face hard enough for the punchee to fall and strike their head, causing injury and death. The punch didn't specifically kill, or plan/ intend to kill, the victim, but the circumstances set in potion by the violence of the face punch produced death.)

I think that will be a big source of discussion if the case is tried and makes it to a jury.

Hi: i just saw this article and was coming here to post it: great minds and all of that
This case has stayed with me--- one of the most senseless tragic cases of all time IMO.
I am glad the prosecution is going full steam ahead on this one. I agree with the
prosecutor, that officer had to know that was a kill shot: he was 6 feet or less from his target. Looking forward to the trial. i wonder if it will be streamed somewhere.

 

[Elley Mae]

Ex-Minneapolis cop ‘intended’ to kill Australian woman, prosecutors say as they seek new charge

Ex-Minneapolis cop ‘intended’ to kill Australian woman, prosecutors say as they seek new charge

"A person acts with the intent to kill not just when they have the purpose of causing death, but also when they believe that their act, if successful, will result in death," prosecutors wrote in a court filing. "As a trained police officer, the defendant was fully aware that such a shot would kill Ms. Ruszczyk, a result he clearly intended.”

Noor already faces third-degree murder and manslaughter charges in the slaying. Prosecutors cited new evidence in seeking upgraded charges against Noor.

 

[K_Z]

Looking for the new amended charging document (with 2nd degree charges added) filed, but not having much luck.

This is the original charging document:

Criminal Complaint Against Mohamed Noor | Criminal Law | Justice

Excerpts of amended complaint from msm:

Four elements must be proven in order for a person to be charged with second-degree murder. Court documents state the four elements involved in Noor’s case include Ruszczyk Damond’s death, that Noor caused her death, the death took place in Hennepin County, and Noor allegedly acted with the intent to kill Ruszczyk Damond.

According to Thursday’s court filing, in finding that there was probable cause for third-degree murder, the court has already proven the first three elements of second-degree murder. The motion also states Noor’s alleged intent to kill Ruszczyk Damond — the fourth element — can be “inferred from all the circumstances surrounding the event.”

“There is also probable cause for the fourth element; the defendant intended to kill Ms. Ruszczyk when he aimed and fired at her. A person acts with the intent to kill not just when they have the purpose of causing death, but also when they believe that their act, if successful, will result in death,” the filing reads.

Prosecutors Ask To Add Intentional 2nd-Degree Murder Charge Against Mohamed Noor

In the latest filing, prosecutors are using some of Noor's own defense arguments against him.

In arguing to dismiss the case, Noor's attorneys previously said he was not negligent because he acted within his training as a police officer to shoot at a potential threat.

Now the prosecution is using that assertion to back up its request to expand the charges based on Noor's alleged intent to kill, which "can be formed in an instant."

Hennepin County District Judge Kathryn Quaintance will ultimately decide whether the second-degree murder charge can be added to the counts.

Prosecutors seek new murder charge against ex-Mpls. cop in Ruszczyk killing

"The circumstances surrounding the crime show that the defendant acted with the intent to kill," prosecutors wrote. "He fired at Ms. Ruszczyk from no more than six feet away. He fired with tragic accuracy, managing to send a 9 millimeter bullet across his partner's body and through the narrow space of the open driver's side window. His bullet struck Ms. Ruszczyk in her torso, five inches above her waistline, and caused nearly immediate death.

"As a trained police officer, the defendant was fully aware that such a shot would kill Ms. Ruszczyk, a result he clearly intended."

Prosecutors petition to add 2nd-degree murder charge against Noor

This is an interesting observation from a former U.S. attorney not involved in the case:

"I don't think the government has anything to lose by doing what they've done here," said Rachel Paulose, former United States Attorney and current partner of DLA Piper law firm.

Paulose has no ties with the case, but was surprised to see the new charge and theory brought up this late in the process.

"It's highly unusual in violent crime cases where the facts are usually well-known to the government at the time they charge the case," she said. "To see them go back and return with additional or new theory of what they think happen, which is what they did here."

And from the Ruszczyk family attorney:

Robert Bennett, the attorney for the Ruszczyk family, released the following statement. He stated the added charges can be a strategy to get a plea to the lower charges:

"Adding the charge of Murder in the Second Degree-Intentional is well within the prosecutor’s prerogative and will likely be allowed. It may well have been provoked by Noor’s defense team’s admission of Noor’s 'intent,' previously unknown to the prosecutor or the public because of Noor’s refusal to speak. It doubles the recommended sentence under the Sentencing Guidelines for Noor if convicted. Such charges often are a catalyst for pleas to the lower charges to avoid the longer sentence."

BBM

Prosecutors petition to add 2nd-degree murder charge against Noor

 

[Pi Thoughts]

The former policeman accused of killing Australian Justine Damond has had charges against him upgraded to include second degree intentional murder.

Mohamed Noor, 33, will now go to trial in April on that charge on top of third degree murder and and second degree manslaughter in the shooting death of Justine Damond Ruszcyzk.

A Hennepin County District Judge in the Minnesota capital granted prosecutors the additional charge against the former Minneapolis officer on Friday.

Cop accused of killing Justine Damond charged with second degree murder

 

[K_Z]

Friday, Judge Kathryn Quaintance ordered the new charge be added after the defense did not respond to the filing.

Second degree murder charge added against former Minneapolis officer Mohamed Noor

I think it's interesting that the defense did not file any motions related to the increased charges. The defense has filed voluminous replies in motions up till this point. Maybe because the previous defense motions contained info that prosecutors used against them to file the new charges?? IDK. I think that is curious, though.

The defense is still apparently going to go with self defense as a justification, so maybe don't want to tip their hand as to any part of their trial strategy.

I think this whole case will ultimately come down to a debate over "reasonable force" versus "reckless force".

Here is the Judge's order allowing the prosecutors to amend the complaint:

https://kstp.com/kstpImages/repository/cs/files/OrderAllowingAmendedComplaint120718.pdf

 

[Bohemian]

Cop accused of murdering Justine Damond to recreate shooting

The police officer accused of murdering Australian life coach Justine Damond-Ruszczyk in a Minneapolis alley is planning to re-create the fatal shooting when the moon enters the "same phase" this week.

Mohamed Noor, who is no longer a police officer, has asked a District Court judge for access to a Minneapolis Police Department squad car for tomorrow's re-creation.

Noor's legal team has determined the moon will be in the same phase as on July 15 last year when, just before midnight, Noor allegedly shot across his partner in their police car and struck Ms Damond in the stomach.

 

[Trident]

Cop accused of murdering Justine Damond to recreate shooting

The police officer accused of murdering Australian life coach Justine Damond-Ruszczyk in a Minneapolis alley is planning to re-create the fatal shooting when the moon enters the "same phase" this week.

Mohamed Noor, who is no longer a police officer, has asked a District Court judge for access to a Minneapolis Police Department squad car for tomorrow's re-creation.

Noor's legal team has determined the moon will be in the same phase as on July 15 last year when, just before midnight, Noor allegedly shot across his partner in their police car and struck Ms Damond in the stomach.

Nothing like trying a little moon magic.

 

[K_Z]

Interestingly, after going to court to get access to the squad car during the proper phase of the moon, the defense team and their experts *did not show up* to do the examination of the car. Not sure what to make of that whole debacle.

After gaining access to police squad car, Noor defense does not complete inspection


Attorneys for Noor ask to analyze MPD squad car

 

[jjenny]

Kind of bizarre to demand access then not show up.

 

[K_Z]

My best guess about the defense team not showing up to examine the squad car is that the weather now, in bitterly cold late December, is so completely different than it was in July 2017, that any conclusions from the experiment made by the defense about the vehicle and conditions within the crime scene could be pretty easily and soundly refuted.

The cloud cover, or lack of it, at the present time may not have been favorable to the conditions the defense was envisioning with their experiment.

I think it’s also possible they wanted to take the SUV back to the alleyway to re-create the scene, but the limitations of weather, and the conditions for use of the vehicle by the defense team may have made them change their minds. Better not to have bad data at all, perhaps.

If all they wanted to do otherwise is take measurements of the Ford Explorer SUV squad, I’d think they could obtain access to another same year model FE SUV pretty easily without going to court. A used car dealer, etc. The interior would be different from a squad car, but I just don’t think even the defense believes the outcome of this trial will depend heavily on the measurements of the vehicle.

 

[K_Z]

Noor's lawyers explain no show for police car inspection

Hennepin County District Judge Kathryn Quaintance then signed an order granting access to a police SUV for four hours last Friday, but with limitations based on the feedback she received. She said the defense could do the inspection at the police precinct, not where Ruszczyk was shot behind her south Minneapolis home. A different police representative than originally requested was to be present. The defense was prohibited from interviewing Minneapolis police staff on any topics unrelated to the squad car.

In the end, the defense attorneys did not show up for the inspection, noting that the limitations made any access "meaningless."

"The court's order gelded the defense investigation," defense attorneys Peter Wold and Thomas Plunkett wrote in the objection filed Wednesday. "The process forced the defense to openly discuss their investigation plan and theories of the case."

Noor's lawyers explain no show for police car inspection

 

[Bohemian]

Justine Ruszczyk: US cop accused of killing Australian woman reveals defence

 

[KaaBoom]

Justine Ruszczyk: US cop accused of killing Australian woman reveals defence

It's probably got about a 50/50 chance of working. It wouldn't surprise me either way. If he can get enough pro-LE people on the jury, he might just get off.

 

[JerseyGirl]

A Minnesota judge says there will be no audio or video recording allowed during the trial of a former Minneapolis officer who shot and killed an Australian woman.

Noor is scheduled to appear in court Friday for a hearing on a range of issues in the case. His trial starts April 1 with jury selection.

No recording allowed at trial of former Minneapolis officer

 

[PrairieWind]

It's probably got about a 50/50 chance of working. It wouldn't surprise me either way. If he can get enough pro-LE people on the jury, he might just get off.

I honestly don't know how that defense will work. I'm generally pro-law enforcement, but I couldn't buy a self-defense argument here, or defense of others. There was just no reasonable threat.