MN - Justine Damond, 40, fatally shot by Minneapolis LE, 15 July 2017 #2

[bluesneakers]

How long does it usually take for charges if they are going to happen after a police shooting, and does it usually vary much time wise in that regard, TIA. I know they probably have to finalize the investigation first before they can do that so they can figure out if charges will be warranted in any given case per the evidence.

It can take years, if it happens at all. Sometimes (not often from what I've read) it's quick if it's especially egregious or involves a child. I've yet to figure out if there's a typical wait time. There are still no charges in a case from last September that seemed cut-and-dry the officer should have been charged, and I don't think charges have been brought against the officer(s) who shot a dog and accidentally shot and killed an innocent 17yo in June.

Anyway, but JMO I don't know what the hold up is here. I think they are searching for a way to not charge Noor for the shooting.

 

[Karinna]

It can take years, if it happens at all. Sometimes (not often from what I've read) it's quick if it's especially egregious or involves a child. I've yet to figure out if there's a typical wait time. There are still no charges in a case from last September that seemed cut-and-dry the officer should have been charged, and I don't think charges have been brought against the officer(s) who shot a dog and accidentally shot and killed an innocent 17yo in June.

Anyway, but JMO I don't know what the hold up is here. I think they are searching for a way to not charge Noor for the shooting.

Thanks for your reply. Yes it does seem to take a while and there is no telling really on how it all pans out eventually. I know from previous posts about LE shootings there are certain laws that go in LE's favor and affords them some protections in these types of cases.

 

[katydid23]

I was expecting to see that the officer's weapons were also handed over to the investigators.

http://www.kare11.com/news/bca-issues-warrant-for-officer-noors-training-records/462096915
The items will supplement the evidence the BCA already has. The warrant states Minneapolis police command staff voluntarily gave investigators body camera videos, the officers' iPhones, the officers' patrol vehicle and audio of 911 calls and police radio traffic.

I am pretty sure the MPD confiscated Noor's weapon immediately after the shooting. That is absolute standard protocol in police shooting incidents.
I would be very surprised if the BCA didn't take it upon taking over the case.

 

[lonetraveler]

I am pretty sure the MPD confiscated Noor's weapon immediately after the shooting. That is absolute standard protocol in police shooting incidents.
I would be very surprised if the BCA didn't take it upon taking over the case.

I totally agree that the weapon was taken immediately. I can only surmise that the weapon was handed over but I'm surprised it's not listed.

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[PrairieWind]

From what I remember reading earlier, MPD officer's handguns are their own personal property. So to take it they would need an order and it should be listed. If it belonged to the police department they wouldn't need that, but would likely still get it anyway. Even though there is no question who shot her, I would think investigators would want to examine it anyway, if no other reason than to verify that it was functioning correctly so that Noor couldn't say "it just went off."

 

[Tawny]

If it's not listed, I'm going off the assumption the firearm was not taken.

 

[Damarna]

http://kstp.com/news/bca-searches-c...r-mohamed-noor-matthew-harrity/4569722/?cat=1

( Sent from KSTP )

The Minnesota Bureau of Criminal Apprehension searched the cell phones of the two Minneapolis police officers that were involved in the shooting of Justine Damond last month, according to court records.

According to a search warrant filed in Hennepin County District Court, investigators took four CDs worth of data from the cell phones of Officer Mohamed Noor and Officer Matthew Harrity.

More at link

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[Tawny]

http://kstp.com/news/bca-searches-c...r-mohamed-noor-matthew-harrity/4569722/?cat=1

( Sent from KSTP )

The Minnesota Bureau of Criminal Apprehension searched the cell phones of the two Minneapolis police officers that were involved in the shooting of Justine Damond last month, according to court records.

According to a search warrant filed in Hennepin County District Court, investigators took four CDs worth of data from the cell phones of Officer Mohamed Noor and Officer Matthew Harrity.

More at link

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Well that's interesting.

 

[katydid23]

From what I remember reading earlier, MPD officer's handguns are their own personal property. So to take it they would need an order and it should be listed. If it belonged to the police department they wouldn't need that, but would likely still get it anyway. Even though there is no question who shot her, I would think investigators would want to examine it anyway, if no other reason than to verify that it was functioning correctly so that Noor couldn't say "it just went off."

You are correct. I just found in the regulations that the guns are owned and supplied by the officers themselves. As to the guns being turned in, it is not very clear from the regulations.

Here is what the MPD Regulations say--it is kind of nebulous:
http://www.ci.minneapolis.mn.us/police/policy/mpdpolicy_7-800_7-800

The following procedures shall apply to managing Witness and Involved Officers following a Critical Incident:

Involved Officers

At the scene:

As soon as practical, the Escorts shall take the Involved Officers from the scene to the designated drug and alcohol testing collection site, as determined per MPD P&P 3-1001 Drug and Alcohol Testing Policy. After test samples are obtained, the Escorts shall transport the Involved Officers to Headquarters-Involved Officer’s Room. Escorts shall keep the Involved Officers separate from other Involved and Witness Officers. (04/21/09) (07/21/16)

Unless a supervisor has a reason to believe that the officer may pose a threat to himself/herself or to others, or unless directed by the Investigators, the Involved Officers’ firearm should not be taken at the scene.



If requested by Investigators, Involved Officers shall make themselves available for a firearms inspection and shall surrender his/her firearm and any other requested equipment to them. Homicide Investigators will take custody of the Involved Officer’s firearm, place it in a paper bag, and put it in the evidence locker in Investigative Headquarters if Crime Lab personnel are unavailable to take immediate custody of the weapon.

The evidence locker will be locked immediately after the firearms are placed inside. Crime Lab personnel will remove the officer’s handgun from the locker and process per SOP.


Involved Officers shall be provided with replacement firearms and equipment as soon as reasonably possible.

Involved Officers shall be allowed a reasonable opportunity to consult with Federation representatives, legal counsel, Community Chaplain or other clergy, and MPD Employee Resource Program personnel.

After meeting with counsel, Involved Officers who so request shall be given an opportunity to meet with an Assistant City Attorney, if appropriate, and shall be given reasonable time to do so. (07/21/16)

After consultation with legal counsel, the Involved Officers or legal counsel will inform the Lead Investigator or designee if the Involved Officers are willing to give a Voluntary Statement. Voluntary Statements should be given as soon as possible, but in all cases within 48 hours of the Critical Incident to ensure the continuity of the investigation unless the involved officer is not able to do so. Involved Officers statements shall be given at Investigative Headquarters or such other location chosen by the Lead Investigator. All statements from involved officers will be taken in question and answer (Q&A) format.

 

[bluesneakers]

New search warrant issued for Officer Noor's phone, social media accounts

The new document marks a key difference between the investigation into the Twin Cities' most recent police shooting and that of Philando Castile, for which the BCA only looked at St. Anthony Officer Jeronimo Yanez' call and text logs for the six minutes immediately prior to the shooting.

"Officer Harrity has provided a statement to agents with the BCA about the details of the shooting of Justine Ruszczyk [Damond], but as of this time Officer Noor has not," the search warrant reads. "Your affiant believes that these cellular telephones may contain information not yet provided to your affiant or other agents of the BCA. This information may more clearly define the actions of Officers Noor and Harrity both prior to and post shooting."

 

[everybodhi]

New search warrant issued for Officer Noor's phone, social media accounts

I wonder when the BCA will interview him?
He sure does get a lot of time to think about his testimony.

 

[bluesneakers]

I wonder when the BCA will interview him?
He sure does get a lot of time to think about his testimony.

And review it with his partner.

 

[everybodhi]

You are correct. I just found in the regulations that the guns are owned and supplied by the officers themselves. As to the guns being turned in, it is not very clear from the regulations.

Here is what the MPD Regulations say--it is kind of nebulous:
http://www.ci.minneapolis.mn.us/police/policy/mpdpolicy_7-800_7-800

The following procedures shall apply to managing Witness and Involved Officers following a Critical Incident:

Involved Officers

At the scene:

As soon as practical, the Escorts shall take the Involved Officers from the scene to the designated drug and alcohol testing collection site, as determined per MPD P&P 3-1001 Drug and Alcohol Testing Policy. After test samples are obtained, the Escorts shall transport the Involved Officers to Headquarters-Involved Officer’s Room. Escorts shall keep the Involved Officers separate from other Involved and Witness Officers. (04/21/09) (07/21/16)

Unless a supervisor has a reason to believe that the officer may pose a threat to himself/herself or to others, or unless directed by the Investigators, the Involved Officers’ firearm should not be taken at the scene.



If requested by Investigators, Involved Officers shall make themselves available for a firearms inspection and shall surrender his/her firearm and any other requested equipment to them. Homicide Investigators will take custody of the Involved Officer’s firearm, place it in a paper bag, and put it in the evidence locker in Investigative Headquarters if Crime Lab personnel are unavailable to take immediate custody of the weapon.

The evidence locker will be locked immediately after the firearms are placed inside. Crime Lab personnel will remove the officer’s handgun from the locker and process per SOP.


Involved Officers shall be provided with replacement firearms and equipment as soon as reasonably possible.

Involved Officers shall be allowed a reasonable opportunity to consult with Federation representatives, legal counsel, Community Chaplain or other clergy, and MPD Employee Resource Program personnel.

After meeting with counsel, Involved Officers who so request shall be given an opportunity to meet with an Assistant City Attorney, if appropriate, and shall be given reasonable time to do so. (07/21/16)

After consultation with legal counsel, the Involved Officers or legal counsel will inform the Lead Investigator or designee if the Involved Officers are willing to give a Voluntary Statement. Voluntary Statements should be given as soon as possible, but in all cases within 48 hours of the Critical Incident to ensure the continuity of the investigation unless the involved officer is not able to do so. Involved Officers statements shall be given at Investigative Headquarters or such other location chosen by the Lead Investigator. All statements from involved officers will be taken in question and answer (Q&A) format.

So, theoretically, a cop in MN shoots someone, and because the gun is his they don't take it at the scene of the shooting unless he's perceived as a threat by a supervisor?
How do we know if her fingerprints were there, if he claims she tried to grab the gun?

If I shoot someone, they will take my gun for evidence, not matter who owns it.

 

[jjenny]

So, theoretically, a cop in MN shoots someone, and because the gun is his they don't take it at the scene of the shooting unless he's perceived as a threat by a supervisor?
How do we know if her fingerprints were there, if he claims she tried to grab the gun?

If I shoot someone, they will take my gun for evidence, not matter who owns it.

He isn't going to be able to claim she tried to grab his gun. He shot her across his partner, she was nowhere near him. That said, they obviously should have taken the gun. I thought it was standard protocol in officer involved shooting.

 

[turaj]

Really quiet here...only news is mentioned above about the social media being reviewed. And "MINNEAPOLIS (KMSP) - The family of Justine Damond has announced details of a public memorial service scheduled for Friday, Aug. 11, at 6 p.m. at the Lake Harriet Bandshell in Minneapolis. The public is welcome to attend the service, and everyone is encouraged to wear the color blue.

The service will feature remarks from Justine’s fiancé Don Damond, her father John Ruszczyk, and other friends and family of Justine. It will conclude with a silent walk around Lake Harriet."

Looks like her father is here...wow such a long trip for a father to make only to be able to take her ashes home. So sad.

 

[february29]

I am planning on going to the memorial. I'm local to the area and coincidentally, also an Australian ex-pat like Justine.

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[turaj]

Extremely moving service at Lake Harriet last night. I rode my bike down and did not get really close but was struck by how composed and spiritual Don Damond is. As I understand it he was very much into the same lifestyle as Justine . He mentioned as the memorial was happening they should have been on a flight to Hawaii for their wedding coming up this week. This was the father's first visit to Minneapolis and I just don't know how he is doing it. I am sure that must have to suppress so much anger as he is here a month later and the man who shot his daughter has not even given any statement available to the public. I can only hope that these families have some additional information which gives them hope that justice will be served and Noor held accountable. We have had not great weather this week but yesterday was beautiful. Don mentioned that at 50 he had never married and finally found the perfect person in Justine. Sage was burned consistent with Native American rituals and Justine whenever she gave a talk etc. would always acknowledge the indigenous people that were on the land first. It was a beautiful service and now I really hope that something happens in terms of charging Noor. Minneapolis is in the process of confirming the new Police Chief Medaria Arradondo who in fact was acting as Chief during the days after the shooting when Harteau was "on vacation". I have to wonder if they are waiting until he is in place to make any announcements?

 

[human]

There were Native Americans conducting the ceremony with their sacred sage? Wow

 

[bluesneakers]

There were Native Americans conducting the ceremony with their sacred sage? Wow

Did she have connections with the NA community?

 

[shadetree44]

I hope these delays in LE's investigation is not an attempt to stall until the outrage quiets down before they announce "no charges to be filed" against Noor. I can not, for the life of me, understand action not being taken against him. If this were a average citizen, this person charges would already have filed against them. Involuntary manslaughter at the least. The previous LE chief was removed and I think it was because she basically stated Noor actions were unacceptable. The mayor and the rest of the city officials are in CYA mode. Regardless of what they do, the civil ramifications ($$$) are going to be horrendous. They are in a very bad spot. If they charge Noor, it sets a precedence, if not, the $$$ cost is going to be higher because those that have suffered from this will feel Justine life was not respected by MPD. Everything I have read and researched has indicated Justine was a great human being. Enough said. I'll get off my soap box now. Happiness to all.
All Of This Is My Own Opinion!!!