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Posted on 12/01/2018 4:36:40 PM PST by ButThreeLeftsDo
Prosecutors are seeking to add a second-degree murder charge against the Minneapolis police officer who shot and killed Justine Ruszczyk.
A court filing states that since Mohamed Noor is already charged with third-degree murder, three of the four elements of a second-degree charge are satisfied. The filing argues the shooting also satisfies the fourth element - that Noor intended to kill Ruszczyk.
"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."
"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."
Noor is already charged with third-degree murder and second-degree manslaughter.
A third-degree murder charge carries a maximum sentence of 25 years, while the maximum sentence for second-degree murder is 40 years.
Robert Bennett, the attorney for the Ruszczyk family, released the following statement: "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."
Noor and his partner responded to a 911 call from Ruszczyk the night of July 15, 2017 about a possible sexual assault in the alley behind her south Minneapolis home.
Noor's partner, officer Matthew Harrity, said he heard a thump on the hood of the car before Noor reached across Harrity and fired at Ruszczyk.
Justine Damond update ping.
This muslim murderer must be convicted.
JoMa
Going to be a lot tougher with Keith Ellison as AG.
You got that right. All the somalians will have free reign to continue their massive fraud schemes now.
This skinny will get off and his partner will be charged with not stopping the bullets with his face.
He was afraid of the woman in night clothes defense.
The woman was white so he was afraid of ........racism.
She probably made a “threatening gesture”. Or at least he’ll say he saw one. That almost always works.
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The idea of firing across your partner who was already talking with the woman was beyond stupid - it was muzzie.
His partner was closer the the woman than he was. It was pure out and out murder.
The idea of firing across your partner who was already talking with the woman was beyond stupid - it was muzzie.
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I live only a few miles from where this happened. I see first hand how these skinnies are treated with kid gloves.
Now, imagine if a white cop did the same to an unarmed negro.
They would have burned down the town.
Possible good news... Too bad it cannot be cranked up to 1st degree!
[The idea of firing across your partner who was already talking with the woman was beyond stupid]
Yeah, that’s so crazy it boggles the mind.
I agree it was murder, but cops have a tradition of getting away with murder. I’d like to see that tradition broken.
April Fool!!!
Thank you!
Try, Convict, DEPORT!
>> It was pure out and out murder.
How about - it was:
1/ Pure out and out dumba$$ on his part.
2/ Pure out and out “we gotta have one on the force, and he’s the best we can find” on the part of the PD.
If you would like to join my ping list on this story, give me a shout.
Hoping he gets convicted and sent to a MN maximum.security prison. His life expectancy there will be very short.
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