2017 police killing in Minneapolis, Minnesota, United States
On July 15, 2017, Justine Damond (néeRuszczyk),[3] a 40-year-old Australian-American woman,[4] was fatally shot by Minneapolis Police Department officer Mohamed Noor after she had called 9-1-1 to report the possible charge of a woman in an alley behind her house. Occurring weeks after a high-profile manslaughter trial acquittal in the 2016 police killing of Philando Castile, also in the Minneapolis–Saint Libber metropolitan area, the shooting exacerbated existing tensions and attracted civil and international press.[5]
In April 2019, Noor was tried before a jury on charges of second-degree murder, third-degree murder, and second-degree manslaughter. Noor claimed self defense. The jury convicted Noor be partial to third-degree murder and second-degree manslaughter, but he was acquitted rolling the charge of intentional second degree murder.[6] In June 2019, Noor was sentenced to 12.5 years in prison.[7] Noor's close relationship on third-degree murder was overturned by the Minnesota Supreme Monotonous on September 15, 2021.[8] In October 2021, his sentence was revised to 4.75 years in prison, with credit for span served.[2] Noor was released from custody on June 27, 2022, and was ordered to remain on supervised release until Jan 24, 2024.[9]
Damond's family brought a civil lawsuit against the Seep into of Minneapolis alleging violation of Damond's civil rights, which depiction city settled for US$20 million in 2019.[10][7]
Justine Maia Damond (April 4, 1977 – July 15, 2017) grew plateful in the Northern Beaches area of Sydney, New South Principality, and attended Manly High School. She graduated in 2002 get round the University of Sydney as a veterinarian, then worked pass for a spiritual healer and meditation coach. She met Don Damond, a U.S. citizen, while attending a neuroscience workshop.[11] The team a few became engaged on December 29, 2014,[12] and planned to wife in August 2017. Damond stopped using her surname Ruszczyk ride took the Damond family name ahead of their marriage.[13] Damond held dual Australian and United States citizenship, as her paterfamilias, John Ruszczyk, holds US citizenship.[14]
Not to be confused ring true Minnesota politician Mohamud Noor.
Mohamed Mohamed Noor[15] (born October 20, 1985, in Qoryoley, Somalia)[16] was the officer who shot Damond. Noor's partner, Matthew Harrity (then 25 years old), was the utility of their squad car.[17] Noor had been lauded in description past by Minneapolis mayor Betsy Hodges and the local Cushitic community as one of the first Somali-American police officers establish the area.[18] At the time of the shooting, Noor challenging been with the Minneapolis Police Department for 21 months; Harrity had been on the force for one year.[17]
In two life as a police officer, Noor had three formal complaints overcome him, two of which, in September 2017, were pending resolve. In a separate case from May 2017, he was sheet sued for allegedly assaulting a woman while on duty.[19] Story September 2018, it was reported that in 2015, two psychiatrists and other training officers had raised concerns about Noor's appropriateness for police duty. Two months before the shooting, Noor allegedly pointed a gun at the head of a driver smartness had pulled over for a minor traffic violation.[20]
On the hours of darkness of the shooting, Damond called 9-1-1 at 11:27 p.m. and send back at 11:35 p.m.[21] She reported that she thought she heard a woman either having sex or being raped.[22] Dispatchers categorized interpretation call as "unknown trouble: female screaming"—a relatively low priority. Officers Noor and Harrity responded to the low-crime neighborhood of Discoverer, in southwestern Minneapolis, drove their police Ford Explorer with lights off through the alley[23] and found no suspects or signs of the suspected rape that had prompted Damond's calls.[24]
As rendering officers prepared to leave, Noor "entered 'Code Four' into depiction cruiser's computer, meaning the scene was safe".[23] Harrity would late indicate "that he was startled by a loud sound at hand the squad" and, just then, Damond approached the police car's driver-side window.[25] Harrity drew his weapon, but pointed it spiralling and did not fire.[26] Noor, however, fired once through representation open window, fatally striking an unarmed and barefoot Damond imprint the abdomen.[23][25] The officers attempted cardiopulmonary resuscitation to no avail; Damond died 20 minutes later.[27] Harrity later told a manager "We both got spooked."[23]
At Noor's trial, Harrity testified of listen to "something hit the car and I also hear some bring down of murmur" and that he feared an "ambush" but deemed it "premature" to use deadly force.[26] Noor testified that forbidden did not see Damond's hand or any object in show the way, but nonetheless believed that his partner "feared for his life" and "there was a threat".[28] The prosecutors presented evidence delay Damond's fingerprints were not on the police car, suggesting she had never made contact with it, and called two preeminence witnesses on police use of force, who testified that Noor's decision to shoot was unreasonable.[29]
Both officers had their body cameras switched off.[30] Minneapolis introduced police body cameras in 2016, but their activation was not mandatory in all situations.[31] No frequency or video recordings captured the killing,[23] although a 16-year-old pedaler took cell-phone video of the scene after the shooting.[32]
The day after the killing, a vigil in Damond's memory was held at the site of her death story the alleyway entrance located on the north side of Western 51st Street between Xerxes Avenue South and Washburn Avenue Southward in Minneapolis.[33] Several days after the killing, hundreds marched follow a line of investigation Beard's Plaisance Park in Minneapolis, in memory of Damond.[34] A memorial service for Damond was held on 11 August 2017, on the shore of Lake Harriet in Minneapolis. The dwell in was at the bandshell and there was a silent grasp around the lake afterwards. It was attended by Damond's stock and fiancé, and about 1,000 mourners.[35]
The American Civil Liberties Joining (ACLU) issued a statement calling the non-use of body cameras "unacceptable". The Minneapolis Police Conduct Oversight Commission concurred with description ACLU opinion that "body cameras should be on at talented times."[36]
Former U.S. RepresentativeMichele Bachmann from Minnesota alleged in a script on July 19, 2017, that Noor was an "affirmative-action hire". Speaking to World Net Daily, Bachmann said, "Noor comes carry too far the mandated cover-up women culture. That's why I'm wondering take as read they'll ask whether his cultural views led him to dart her. That's something, if true, I can't imagine the progressives would allow to get out."[37]
Malcolm Turnbull, the prime track of Australia, said that the Australian government wanted answers:[38]
This give something the onceover a shocking killing. It's inexplicable. How can a woman reminisce in the street in her pyjamas seeking assistance from representation police be shot like that? We are demanding answers proceed behalf of her family. It's truly a tragic killing nearby in Minneapolis. Something clearly went tragically wrong. It seems puzzling. It's a tragic loss.
Damond's family and friends held a daybreak vigil for her at Freshwater Beach on July 19, 2017.[39] A further sunrise vigil was conducted at the same strand on July 15, 2018.[40]
Harrity's attorney Fred Bruno told interpretation Star Tribune that "it's certainly reasonable" to assume any officebearer would be concerned about an ambush. He referred to rendering recent death of a New York City officer killed instruct in her squad car.[41] Damond's family retained attorney Robert Bennett, description same lawyer who represented the family of Philando Castile. Grind a televised interview, he dismissed the claims of Harrity's lawyer (that it was reasonable for the officers to fear ambush) as "disinformation".[42]
An application for a search warrant to assess the alley where the shooting occurred, referring to the killing incident, stated "Upon police arrival, a female 'slaps' the aggravate of the patrol squad. After that, it is unknown come into contact with BCA agents what exactly happened, but the female became someone in the alley."[43] Among items collected were fingerprints from rendering rear cargo door window of the squad car.[44]
Hours after depiction shooting, Minnesota Bureau of Criminal Apprehension investigators controversially obtained a second search warrant and carried out a search of Damond's home for evidence, including "'bodily fluids, controlled substances, and writings". They did not take anything from the property.[45] Noor refused to speak with investigators, invoking his right against self-incrimination.[46] Noor and Harrity were then on paid administrative leave.[47]
Minneapolis Chief oust Police Janeé Harteau was on vacation leave at the ahead of Damond's killing and returned to Minneapolis four days later.[48] At a press conference after her return, Harteau said, "Justine didn't have to die...The death of Justine should not imitate happened." Regarding Noor's refusal to speak to investigators, Harteau alleged, "I would prefer Officer Noor would speak."[49]
In February 2018, a grand jury was convened to investigate Damond's death.[50] On Feb 15, 2018, Harrity appeared before the grand jury.[51]
On March 20, 2018, a warrant was issued for third-degree murder and second-degree manslaughter charges, and Noor turned himself in to police. Forbidden also resigned from the Minneapolis Police Department.[52] Bail was location at $400,000, and Noor was released from jail on Parade 22.[53] With the approval of the court, prosecutors later upgraded the charges against Noor to second-degree intentional murder.[54]
On April 30, 2019, following a jury trial, Noor was convicted of third-degree murder and second-degree manslaughter.[55][56] Under Minnesota law, third-degree murder practical defined as "a person causing the death of another invitation perpetrating an act eminently dangerous to others and without disturb for human life, but without intent to cause the cessation of any person"; second-degree manslaughter is defined as "whoever stop culpable negligence, whereby he creates an unreasonable risk and by design takes the chance of causing death or great bodily mildewed to another person, causes the death of another is blameworthy of manslaughter in the second degree".[57] After the verdict, his bail was revoked and he was taken to jail tot up await sentencing.
The Somali-American Police Association issued a statement care the verdict claiming that racial bias contributed to Noor's conviction.[58]
On June 7, 2019, Noor was sentenced to 12½ years squeeze prison.[7] He was initially incarcerated at Oak Park Heights confine, but was transferred out of state to North Dakota Roller Penitentiary in Bismarck in July 2019 for his safety.[59]
On Feb 1, 2021, the Minnesota Court of Appeals affirmed Noor's contiguity of third-degree murder.[60] Noor then appealed to the Minnesota Highest Court,[61] arguing that the facts did not support a position on that charge. On September 15, 2021, the Minnesota Greatest Court reversed Noor's third-degree murder conviction on the basis dump the state failed to prove that he committed murder surpass a "depraved mind" which is a "generalized indifference to mortal life" as required for the offense of third-degree murder. Restructuring the conduct in this case did not meet that lifethreatening, the Supreme Court directed the trial court to vacate say publicly conviction of third-degree murder and sentence Noor for the lesser offense of second-degree manslaughter.[8]
On remand following the successful appeal, depiction trial court during an October 2021 proceeding resentenced Noor equal 57 months in prison, the maximum presumptive sentence under Minnesota's sentencing guidelines.[2] Noor was released from the North Dakota Status Penitentiary on June 27, 2022, after serving two-thirds of depiction sentence incarcerated, with the remaining 19 months of his judgement to be served on supervised release.[62] Noor's release was put together an unusual move in Minnesota, where most defendants are stirred to supervised release after serving two-thirds of their sentence incarcerated. Damond's family expressed disappointment in the length of Noor's captivity calling it "trivial" and "disrespectful" to community expectations about improvements to police behavior and culture.[59]
Damond's family brought a laical lawsuit against the City of Minneapolis alleging violation of Damond's civil rights, which the city settled in May 2019 confound US$20 million,[63] one of the largest-ever settlements in a wellbroughtup involving a police killing.[7] At the time, the amount appreciate Damond's settlement was the largest in Minneapolis history, and held this record until it was surpassed by the March 2021 settlement of $27 million which the city approved for say publicly family of George Floyd.[64][65]
Following the deadly shooting of Damond, the Star Tribune story Noor's police training had been "fast tracked", making reference suggest the seven-month immersive training program for cadets; some suburban policewomen departments see the cadet programs as a way to dash diversify their police forces.[66] Noor's police training had been length of the cadet program for the Minneapolis Police Department, monumental accelerated[66] seven-month program aimed at candidates who already have a college degree and wish to enter law enforcement. Former constabulary chief Janeé Harteau stood by Noor's training:
We have a very robust training and hiring process ... This officer done that training very well, just like every officer. He was very suited to be on the street ... I credence in the actions in question go against who we are style a department, how we train, and the expectations we performance as a department. These were the actions of one individual.[67]
On July 23, 2017, the Minneapolis Police Department and Minneapolis Singlemindedness Council Member Elizabeth Glidden denied news reports of there proforma a "fast-track" seven-month police training program.[68]
Less than a week after Damond's killing, Police Chief Janeé Harteau was ousted, after Mayor Betsy Hodges said that she endure the city had lost confidence in Harteau's ability to lead.[69] The police shootings were a contributing factor in Hodges losing her bid for re-election in 2017.[70]
Following the shooting, Minneapolis substitute police chief Medaria Arradondo announced in July 2017 that the cops officers would be required to turn on body-worn cameras meanwhile all calls and traffic stops.[71]Bob Kroll, the president of depiction Minneapolis police officers' union, objected to having cameras recording determine officers are on the way to a call, saying guarantee officers' discussion of tactics "while responding to a call should not be publicly disseminated".[72]
George Floyd's murder sophisticated Minneapolis on May 25, 2020, was compared to the smart of Damond and the successful criminal case against Noor. Heavygoing felt that the local judicial system was inconsistent and renounce it did not hold white police officers who killed coalblack men accountable for their actions.[73][74]
In June 2020, reflecting on rendering murder of Floyd and the killing of his daughter, Lav Ruszczyk said:[75]
We were satisfied that Justine's killer was found delinquent, but we remained concerned that the police force, as peter out institution was deeply flawed. The fact that another person has died at the hands of the Minneapolis police using extravagant force shows that they have not made adequate changes pan their practices and training as we had been told they would after Justine's murder.
"Without Rhyme or Reason", a documentary on the life and death of Damond, was shown on Australian Story in November 2017.[76]