Don Damond says shock ‘double blow’ leaves ‘no justice’ for fiance Justine Ruszczyk Damond

The fiance of Australian woman Justine Ruszczyk Damond says her killer will not be held accountable after his murder conviction was overturned.

The fiance of Australian woman Justine Ruszczyk Damond has spoken out against the shock ruling that will let her killer walk free before serving his original prison sentence for her death.

“In many ways, this has felt like a double blow against justice,” Don Damond said in a statement to local media.

“I have lived with the tragic loss of Justine and none of this can hurt my heart more than it has been, but now it truly feels like there has been no justice for Justine.”

Mr Damond said he and his family were deeply saddened by the Minnesota Supreme Court’s ruling to overturn the third-degree murder conviction of Mohamad Noor in his fiance’s “needless and reckless murder”.

Friends of Justine Ruszczyk at a 2 year memorial on Freashwater beach. Picture: John Grainger

The decision leaves Noor to serve out the conviction of second-degree manslaughter, which would likely shave eight years off his 12 ½-year sentence.

Having already served 28 months, he could be eligible for release by the end of this year under the presumptive four-year sentence for manslaughter.

Noor says he is looking forward to hugging his son after overcoming the “hardship” of the past four years, according to a statement released by his defence team.

Don Damond arrives at the Hennepin County Government Center after the 12th day of testimony in Mohamed Noor's trial. Picture: Angus Mordant for News Corp Australia

That hardship came after Noor shot and killed Ms Ruszczyk Damond, a dual US Australian citizen who called 911 to report a possible sexual assault behind her home on July 15, 2017.

“We just got off the phone with Mohamed his words, ‘with hardship comes ease’ he is so looking forward to hugging his son as soon as possible,” lawyer Thomas Plunkett said in a statement.

“The Mohamed Noor appeal team is happy for Mr Noor and his young family. They have had a long journey; now fairness has been delivered to a person who is a devoted to his community,” he added.

Mohamed Noor and Justine Ruszczyk Damond. Picture: Suplied.

While Noor gets to return to his young family, Mr Damond says no one is being held accountable for his fiance’s death.

Noor, 33, testified that he opened fire because he feared he and his partner were being ambushed.

Ms Damond, 40, a yoga instructor from Sydney, was engaged and was due to marry her partner a month after the shooting.

Mr Damond said his hope and work since her death has been to try to prevent a further loss of life at the hands of stressed and inadequately trained police officers.

“The Minneapolis Police Department has not made any meaningful progress towards transformation,” he said in the statement.

“And now Noor is not being held accountable for killing my fiance, an innocent person who called police from our home to report a female in distress.”

The alley where Justine Diamond was shot and killed by Minneapolis officer Noor in 2017. Picture: AAP.

Ms Damond’s death drew international criticism and Australia’s prime minister at the time, Malcolm Turnbull, said it was “inexplicable”.

The case sparked protests where thousands of supporters rallied in the streets of Minnesota, calling for “Justice for Justine”.

Noor was sentenced to jail on the murder count but was not sentenced for manslaughter.

The ruling means his murder conviction is overturned and the case will now go back to the district court, where he will be sentenced on the manslaughter count.

In the ruling, the Supreme Court said that for a third-degree murder charge, also known as “depraved-mind murder,” the person’s mental state must show a “generalised indifference to human life, which cannot exist when the defendant’s conduct is directed with particularity at the person who is killed.”

Originally published as Don Damond says shock ‘double blow’ leaves ‘no justice’ for fiance Justine Ruszczyk Damond