MINNEAPOLIS (FOX 9) - Former Minneapolis police officer Mohamed Noor filed an appeal following his conviction of third-degree murder and second-degree manslaughter for fatally shooting Australian native and Minneapolis resident Justine Ruszczyk Damond.
In June, Noor was sentenced to 12.5 years in prison for the July 2017 shooting. According to court documents, Damond had reported a possible sexual assault to police. The shooting happened when Damond approached the police squad car on the driver's side. Noor, who was in the passenger seat, shot her. She was unarmed.
According to a statement released by Noor's defense team on Tuesday, his lawyers are largely at issue with the third-degree murder charge - one they argued throughout the trial did not apply to their client.
"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," read the statement.
Throughout the trial, prosecutors argued Noor's actions were reckless and necessitated the charge.
"The defendant fired his gun over the body of his partner," attorney Patrick Lofton told the court at sentencing. "He did that in a residential neighborhood. He did that without saying a word. He did that despite Ms. Rusczyzk not saying a word. He did that despite the fact that she had nothing in her hands but a cell phone."