Police officer Mohamed Noor charged with murder of Justine Ruszczyk
The last words of Justine Damond Ruszczyk are revealed in a charge sheet outlining murder charges against US police officer.
UPDATED: Australian woman Justine Damond Ruszczyk clutched her stomach and said “I’m dead,” or “I’m dying,” according to a charge sheet outlining murder charges against a US police officer.
Mohamed Noor was this morning (AEST) charged with murder and manslaughter over Ms Ruszczyk’s shooting death in Minneapolis last July.
The 31-year-Noor turned himself into the Hennepin County jail earlier today after a warrant was issued for his arrest on charges of third degree murder and second degree manslaughter.
The murder charge accuses the Somali policeman of “perpetrating eminently dangerous act and evincing depraved mind” while second-degree manslaughter accuses him of “culpable negligence creating unreasonable risk.”
Hennepin County Attorney Mike Freeman said that Mr Noor “recklessly and intentionally” shot Ms Ruszczyk in complete “disregard for human life.”
“To lose a family member to violence is always wrenching and painful, but to lose it when she was acting as a caring and concerned citizen at the hands of the person she called for help is inexplicable,” he said.
He said that a second-by-second investigation of the tragedy showed there was no reason for Mr Noor to shoot Ms Ruszczyk as she approached the car after calling 911 for help.
“There is no evidence that officer Noor encountered a threat, appreciated a threat, investigated a threat and confirmed a threat that justified his decision to use deadly force.”
“Instead officer Noor recklessly and intentionally fired his handgun from the passenger seat in disregard for human life. Such actions violate the criminal law.
“We need cops but we need cops to be law abiding - clearly officer Noor violated the rules and deserved to be charged.”
Justine’s family, in Australia and in the US, welcomed today’s development. “While we have waited more than eight months to come to this point, we are pleased with the way a grand jury, and County Attorney Mike Freeman, appear to have been diligent and thorough in investigating and ultimately determining that these charges are justified,’’ the family said.
“We remain hopeful that a strong case will be presented by the prosecutor, backed by verified and detailed forensic evidence, and that this will lead to a conviction. No charges can bring our Justine back. However, justice demands accountability for those responsible for killing the people they are sworn to protect.’’
Mr Freeman revealed that shortly before Ms Ruszczyk was shot, Mr Noor had punched a ‘Code 4’ into the squad car computer meaning that there was no threat present and no backup needed.
In comments caught on tape after the killing Mr Noor’s police partner Matthew Harrity said of Ms Ruszczyk “She came up on the side out of nowhere...we both got spooked.’
Ms Ruszczyk’s family welcomed news of the charges saying they were “one step toward justice.”
In a statement the family said: “While we waited over eight months to come to this point, we are pleased with the way a grand jury and County Attorney Mike Freeman appear to have been diligent and thorough in investigating and ultimately determining that these charges are justified. We remain hopeful that a strong case will be presented by the prosecutor, backed by verified and detailed forensic evidence, and that this will lead to a conviction. No charges can bring our Justine back. However, justice demands accountability for those responsible for recklessly killing the fellow citizens they are sworn to protect, and today’s actions reflect that.”
The family of the 40-year-old Ms Ruszczyk had feared that Mr Noor may not face charges after the County Attorney Mike Freeman previously admitted he was having trouble obtaining enough evidence to press changes.
Despite the charges prosecutors still have a difficult job ahead to obtain a conviction. Minnesota has never prosecuted a policeman for a fatal shooting on the job.
On 15 July last year Ms Ruszczyk was shot dead by Mr Noor at point blank range through the window of his police car after she had called 911 for help believing a sexual assault was occurring in the alley behind her house.
Ms Ruszczyk, an Australian who was living in the US with her fiance Don Damond, had approached the police car in her pyjamas several hundred metres from her house when she was shot.
The incident was not recorded because the policemen had their cameras turned off. Ms Ruszczyk died at the scene.
During the investigation Mr Noor chose not to give evidence to investigators but his partner on that night, Matthew Harrity gave evidence that he heard a loud sound next to the car at the time Ms Ruszczyk appeared.
In any trial Mr Noor’s lawyers are likely to plead that he had reasonable grounds to defend himself in the belief that he and Mr Harrity were in danger.
The charges in the case came after Mr Freeman convened a grand jury to gather additional evidence after expressing frustration in December with the work of the investigators in the case.
“I have to prove beyond a reasonable doubt, the moment he shot the gun he feared for his life, and he used force because he thought he was gonna be killed. But he (Noor) won’t answer my questions … I can’t talk to her because she’s gone, and the other cop (Harrity) just gave us (expletive). So guess what, I’ve gotta figure out angles of the shot, gun residues, reckless use of force experts,” Mr Freeman said at the time.
The issue of police culpability for shootings is a fraught one in Minneapolis.
The city faced angry protests in June last year when thousands of people marched, with 18 arrested, following the acquittal of police officer Jeronimo Yanez on charges of manslaughter over the shooting death of 32 year old Philando Castile.
Castile, an African America, was shot repeatedly by the white police officer as he sat in the driver’s seat after being pulled over in July last year. A court acquitted Yanez of manslaughter after accepting his argument that he shot Castile was because he feared that he may have been reaching for a gun.
Castile was one of 13 people shot dead by police in Minnesota last year but his death made international headlines after his girlfriend filmed it on her phone and streamed in on Facebook.
Cameron Stewart is also US Contributor for Sky News Australia
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