Prosecutors seeking jail time for ex-cop who shot Justine Damond seek more serious murder charge
Minnesota prosecutors seeking to jail ex-cop Mohamed Noor over the fatal shooting of Australian woman Justine Damond Ruszczyk are fighting for a more serious murder charge.
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US prosecutors seeking to jail an ex-police officer who shot and killed Australian woman Justine Damond Ruszczyk allege he intended to kill her.
In a court filing dated Thursday (local time), they argued for a more serious murder charge, intentional second-degree murder, against Mohamed Noor over the July 15, 2017 incident, where it’s been claimed that “tragic accuracy” led to the 40-year-old’s death.
Noor is already charged with third-degree murder and manslaughter.
The Hennepin County prosecutors say Noor shot Ms Damond after she had called 911 to report a possible sexual assault in the alley behind her home. It’s understood she had heard screams coming from the alley.
In the prosecution’s request to add the second-degree murder count, they argued that evidence shows Noor intended to kill Ms Damond 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 prosecutors wrote in the 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,” they added.
MORE: Trial set for April 2018
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“There is probable cause to believe the defendant committed second degree intentional murder and the State respectfully requests that the court grant the State’s motion to amend the complaint.”
Prosecutors alleged Noor, who was a rookie officer at the time of the shooting, “knew exactly what he was doing and that he intended to do it”.
“The circumstances surrounding the crime show that the defendant acted with the intent to kill,” they wrote.
“He fired at Ms Ruszczyk from no more than six feet (1.8 metres) away.
“He fired with tragic accuracy, managing to send a 9 millimetre 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.”
Ms Damond’s legal name was Justine Maia Ruszczyk, but she had been using the last name of her fiance, Don Damond, professionally.
Ms Damond had been living in Minneapolis, Minnesota for more than two years.
Minnesota rules that criminal complaints can be amended before trial.
It’s now up to the judge to grant the prosecution’s request.
Noor is scheduled to face trial on April 1, 2018.
Prosecutors wrote in their filing that it will be up to a jury to weigh which degree of homicide, if any, is proven beyond a reasonable doubt.
Peter Wold, one of Noor’s attorneys, said he hasn’t seen any new evidence since Noor was initially charged.
When asked if an additional count would postpone trial, he said he doubted it, adding: “We’re ready.”
Noor was in the passenger seat of a squad car when he reached across his partner and fired at Ms Damond through the driver’s window after she walked up to them in the darkness.
Noor has declined to speak with investigators.
But his partner, Matthew Harrity, told them they “got spooked” when she approached.
Harrity also claimed the pair had been startled by a loud noise behind their car.
Noor’s attorneys have argued he acted reasonably because he feared he was in danger but the prosecution says he acted recklessly and used deadly force.
Both officers had body cameras, but they were not turned on.
Noor’s lawyers had filed motions in an attempt to have their client dismissed but a judge ruled in September that the case would be moving forward.
Ms Damond’s father, John Ruszczyk, has filed a $50 million civil rights lawsuit against Noor, the city and others.
That case has been put on hold while the criminal case proceeds.
PROSECUTORS CONCERNED ABOUT JURY SELECTION
Last week the prosecution indicated that they wanted to quiz prospective jurors about “police use of force, race, and other potentially sensitive issues”.
In a court filing they flagged “pervasive pre-trial publicity” by Minneapolis and international news organisations related to the case.
They hope to use a jury questionnaire and conduct individual questioning of potential jurors for the April 1 trial.
“Prospective jurors’ opinions and experiences regarding police in general, police use of force, race, and other potentially sensitive issues could affect their ability to be fair and impartial in this case and it is necessary to explore that with the jurors in a manner that encourages honest and full disclosure,” the prosecutors’ court filing, cited by AP, stated.
The twin cities of Minneapolis and St Paul have a recent history of controversial police shootings and court cases involving officers.
Somali-born Noor is no longer a member of the Minneapolis police force.
Prosecutors have argued that “in the interest of selecting fair and impartial jurors” they would like prospective jurors to complete a court-approved questionnaire and question prospective jurors individually ahead of the murder trial.
WHO WAS JUSTINE DAMOND RUSZCZYK ?
Ms Damond was a 40-year-old life coach and a dual citizen of Australia and the US.
She was born on April 4, 1977 and grew up in Sydney’s northern beaches, where she attended Manly High School.
She graduated from the University of Sydney as a veterinarian in the early 2000s and had practised as a spiritual healer and meditation coach.
Ms Damond was engaged to US citizen Don Damond; she had already taken his name ahead of their marriage.
Court documents say Ms Damond spoke to her fiance about her 911 call and the noises she had heard in the alley.
It’s claimed she had told him “okay, the police are here” before hanging up and walking in her pyjamas to her tragic death.
Originally published as Prosecutors seeking jail time for ex-cop who shot Justine Damond seek more serious murder charge
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