MINNEAPOLIS (FOX 9) - Former Minneapolis police officer Mohamed Noor will be resentenced on Oct. 21 for second-degree manslaughter in the deadly 2017 shooting death of Justine Ruszczyk Damond.
Noor initally was found guilty of third-degree murder and second-degree manslaughter in Damond’s death and sentenced to over 12 years in prison. But, last month the Minnesota Supreme Court tossed out Noor’s third-degree murder conviction, sending the case back to Hennepin County Judge Kathryn Quaintance for a new sentence on the lesser charge.
Second-degree manslaughter has a presumed sentence of four or more years in prison, according to Minnesota’s sentencing guidelines. With time served, Noor could be out of prison in the near future.
Minnesota Supreme Court overturns 3rd-degree murder conviction
Noor shot and killed Damond on July 15, 2017 after she called 911 to report a possible assault near her home in south Minneapolis. During his trial, Noor testified he feared an ambush when Damond walked up to the squad car and shot across his partner, killing the 50-year-old Australian woman.
Noor's attorneys challenged the third-degree murder statute, arguing it did not fit the crime, and the state Supreme Court ultimately agreed.
According to the state statute, third-degree murder occurs when a person, without the intent to kill, "causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life." The Supreme Court ruled that because Noor’s conduct was direct with particularity at Damond, he cannot be convicted of depraved-mind murder.