Justine Ruszczyk’s killer appeals conviction just days after shooting anniversary

The police officer jailed for shooting northern beaches woman Justine Ruszczyk has appealed his conviction. Minneapolis police officer Mohamed Noor was sentenced earlier this year for fatally shooting the 40-year-old from Freshwater.

Mohamed Noor and Justine Ruszczyk.

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The police officer jailed for 12 and a half years for shooting northern beaches woman Justine Ruszczyk has appealed his conviction.

Minneapolis police officer Mohamed Noor was sentenced earlier this year for fatally shooting the 40-year-old from Freshwater who had moved to the US with her fiance.

Friends and family gathered at Freshwater Beach on Monday to mark the two year anniversary of her death with her father, John, telling the Manly Daily he now wanted to move on from “the most intense period of his period”.

Mohamed Noor is appealing his conviction. Picture: Kerem Yucel

The 40-year-old was gunned down in her pyjamas by police officer Mohamed Noor after she called 911 to report a suspected sexual assault near her home back in 2017.

On the arrival of the police Ms Ruszczyk approached the police car in her pyjamas when Noor opened fire.

He told the trial he feared for his partner’s safety.

Noor’s defence team released a statement on Tuesday in the US, stating they are taking issue with the third-degree murder charge.

John Ruszczyk has said he just wants to move on. Picture: Chris Juhn

They argued throughout the trial that the charge did not apply to their client.

They have said the jury was not properly instructed on what constituted third-degree murder.

“The anticipated issues for appeal are whether the district court erred by limiting Mr Noor’s right to present a complete defense, allowing the State of Minnesota to engage in prosecutorial misconduct, improperly instructing the jury on Murder in the 3rd Degree and allowing charges to go to the jury which were not supported by probable cause,” the statement read.