Prosecutors petition to add 2nd-degree murder charge against Noor (Justine Damond Murder)

KSTP.com ^ | 11/30/18 | KSTP Staff

[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.

[ButThreeLeftsDo]

With Keith Ellison as AG, he will get 5 minutes of community service.

[Chode]

they better amend the charge against the frunt that shot that guy in TX too or she'll walk from being over charged

[House Atreides]

His lawyer might argue the low-IQ inbred Somali defense.

[Fungi]

Diversity, diversity you say? Diversity is diversity. Does “diversity’ include merit, competence, moral rectitude, intelligence, or common sense? Is it the basis for all things truthful?

[ButThreeLeftsDo]

I was forced to take a class in diversity at my last place of employment.

I stated that diversity is a fact. Not something that needs to be worked on.

I walked out.

That was the last time that class was held.

[SkyDancer]

#3. Have to get some Somali’s since it’s practically their new country.

[mabarker1]

Thank You for the Update Ping.

Now the Family needs a conviction and then string this MURDERING GOAT RAPING POS UP BY it’s SCROTUM WITH PIANO WIRE!!!

[mabarker1]

Why do You want to DEPORT this MURDERING POS GOAT RAPER ???

That does NOTHING TO PUNISH it FOR THE CRIME COMMITTED !!! DEPORTATION IS USELESS !!! If it gets DEPORTED it STILL USES OXYGEN AND OTHER RESOURCES NEED BY REAL PEOPLE !!!

So again WHY Deportation ???

[DoodleDawg]

She probably made a “threatening gesture”. Or at least he’ll say he saw one. That almost always works.

And his partner will back him up. So I expect he'll walk.

[mabarker1]

Now, imagine if a white cop did the same to an unarmed negro.

You mean like in Dallas ?

[DoodleDawg]

The idea of firing across your partner who was already talking with the woman was beyond stupid - it was muzzie.

I've seen nothing that said his partner was talking to the woman. Just that he hear a loud noise, she appeared at his window, and Noor shot. No time for a conversation to even begin.

[mabarker1]

They’re doing it.

[from occupied ga]

And his partner will back him up.

Naturally, they're cops. One lies and the other swears to it under oath, but hopefully a jury will see through their bullsh!t

[DoodleDawg]

One lies and the other swears to it under oath, but hopefully a jury will see through their bullsh!t

There hasn't been a whole lot of history of that happening.

[SkyDancer]

Well he was about to because his window was down.

[from occupied ga]

Mostly the cases never go to trial. They go before a grand jury, and a prosecutor can pretty much get whatever result they want out of a grand jury by selection of the evidence they present. Since the prosecutors are all part of the same government you scratch my back I’ll scratch yours good ol’ boy network police rarely ever get to trial except in the most extreme cases. A grand jury can indict a ham sandwich or can find Heinrich Himmler innocent.