• Home
  • About
    • Authors
  • Advertise
  • Articles
    • Archives
    • Chaplain
    • Crime & Controversy
    • Community
    • Cop Humor
    • Editorial
    • Op-ed
    • Gear & Technology
    • Investigations
    • Laws & Legal
    • Leadership
    • News
    • Officer Down
    • On Duty
    • Tactics
  • Network
    • Learn more
  • Training
  • Officer Privacy
  • Jobs
  • Contact
No Result
View All Result
Law Officer
Law Officer
No Result
View All Result

Minnesota Supreme Court overturns third-degree murder conviction against former officer Mohamed Noor

Mohamed Noor

Mohamed Noor (Hennepin County Sheriff's Office)

September 15, 2021
Law OfficerbyLaw Officer
Share and speak up for justice, law & order...

SAINT PAUL, Minn. — In a legal case with a major impact on Minnesota law enforcement, the State Supreme Court on Wednesday overturned the third-degree murder conviction against former Minneapolis police officer Mohamed Noor.

The stunning decision rejected a February ruling by the Minnesota Court of Appeals that upheld the count against Noor, according to the Star Tribune.

The former officer is currently serving 12 1/2 years in prison for the fatal on-duty shooting Justine Ruszczyk Damond in 2017.

Noor was convicted by a jury in 2019 of third-degree murder and second-degree manslaughter for shooting Damond while responding to her 911 call about a possible sexual assault in the alley behind her home. The officer was apparently startled by the woman banging on the trunk of their patrol unit trying to get their attention. Noor fired a fatal round while sitting in the passenger seat of the police cruiser as the woman approached the driver side of their vehicle.

Mohamed Noor
Justine Damond (YouTube)

After an appeal of the third-degree murder conviction failed, Noor’s attorney, Thomas Plunkett, petitioned the State Supreme Court in February to review the matter.

Minnesota’s high court heard oral arguments on the issue in June. Plunkett asked the court to address two questions: Can a person be convicted of third-degree murder if the deadly act is aimed at a single person, and can the reckless nature of an act alone establish the necessary depraved mind-set?

Plunkett solicited the court to discern language in the state’s third-degree murder statute, which has reportedly confused attorneys for years. It also came into play earlier this year when former Minneapolis police officer Derek Chauvin was convicted of killing George Floyd. Chauvin was convicted on April 20 of second-degree unintentional murder, third-degree murder and second-degree manslaughter.

“According to state statute, third-degree murder applies when a defendant kills someone ‘by perpetrating an act eminently dangerous to others and evincing a depraved mind.’ The word ‘others’ has led many attorneys to interpret that the statute applies when multiple people are endangered and someone is killed. Veteran attorneys have said it would apply, for instance, to someone shooting indiscriminately into a moving train. The ‘depraved mind’ element has been difficult to define, some attorneys have said,” Star Tribune reported.

Paramount to his argument, Plunkett said in his petition to the state Supreme Court that the “depraved mind” element wasn’t fulfilled because Noor was carrying out his duties as an officer, acted in a split second and directed his actions at a specific person out of fear that his partner’s life was in danger from an ambush.

Previously, the state Court of Appeals upheld the conviction in a split decisoin by ruling that Noor’s actions met the legal threshold for a “depraved mind” when he sat inside his patrol car and fired through his partner’s open window, killing Damond.

“We respectfully disagree with the [Court of Appeals] opinion…,” Plunkett said in February. “The split decision, while disappointing, is not entirely disheartening. The dissenting opinion raises compelling issues.”

This matters since the punishment is considerably greater. A third-degree murder is punishable by up to 25 years in prison. The sentence for second-degree manslaughter is up to 10 years in prison and/or a $20,000 fine, according to the Tribune.  Sentences are dependent on a defendant’s criminal background, among other mitigating factors.

Derek Chauvin
(Court TV)

The Noor matter is relevant in Chauvin’s case since he had initially been charged last year with third-degree murder, but Hennepin County District Judge Peter Cahill dismissed the count last fall as Chauvin and his three former colleagues had targeted Floyd and no one else.

However, the Court of Appeals’ February ruling in Noor’s case prompted prosecutors to ask Cahill to reinstate the count. When he refused prosecutors asked the Court of Appeals to review his objection.

The Court of Appeals ruled in March that Cahill was wrong to deny the prosecution’s request. Hence, the judge reinstated the count against Chauvin, the Tribune reported.

As a result, Chauvin was sentenced to 22 1/2 years in prison on the second-degree murder count; he was not sentenced on the two lower convictions.


Share and speak up for justice, law & order...
Tags: Hennepin County Sheriff's OfficeMinneapolis Police DepartmentMinnesotaMinnesota Supreme CourtMohamed Noor
Law Officer

Law Officer

Law Officer is the only major law enforcement publication and website owned and operated by law enforcement—for law enforcement and supporters of justice, law, and order. This unique facet makes Law Officer much more than just a publishing company, but a true advocate for the law enforcement profession.

Related Posts

Joseph Steven Jorgenson

Minnesota man confesses to killing, dismembering two girlfriends in two years

January 4, 2025
Anthony Nephew

Duluth man kills 2 sons, wife, and ex before killing himself

November 11, 2024
We the People

Alpha News releases new must-see documentary, ‘Minnesota v. We the People’

October 17, 2024
Ranger Kevin Grossheim

National Park ranger dies during family rescue

October 8, 2024
Minnesota

Noncitizen joins Minneapolis police force

September 28, 2024
illegal alien

Illegal alien charged with reentering country after conviction for aggravated felony

August 27, 2024
Load More

Latest Articles

Melissa Hortman

Former Minnesota House Speaker Assassinated in Attack on Multiple Lawmakers

June 14, 2025

Sheriff: If You Throw a Brick At Our Deputy, ‘We Will Kill You, Graveyard Dead’

June 13, 2025

Former USAID Officer and Executives Plead Guilty in $550 Million Bribery Scheme

June 13, 2025

A Case Study in Federal Corruption and Media Silence

June 12, 2025

‘Completely blew it’: Former union president calls out Minneapolis Police Department leadership missteps

June 12, 2025
Pixabay

Police Shoot Man Wielding Chainsaw During Disturbance

June 12, 2025
Load More

Weekly E-Newsletter

Subscribe—and get the latest news and editorials direct from Law Officer each week!

[newsletter_form type="minimal"]

Protect Your Privacy

JOIN THE FIGHT

BE COURAGEOUS

POPULAR GEAR

Tactical Pants

Tactical Boots

 

FIND MORE…

Law Officer

© 2024 LawOfficer.com

LawOfficer.com

  • Home
  • About
  • Advertise
  • Privacy Policy
  • Corrections
  • Contact

Speak up for justice, law & order

No Result
View All Result
  • Home
  • About
    • Authors
  • Advertise
  • Articles
    • Archives
    • Chaplain
    • Crime & Controversy
    • Community
    • Cop Humor
    • Editorial
    • Op-ed
    • Gear & Technology
    • Investigations
    • Laws & Legal
    • Leadership
    • News
    • Officer Down
    • On Duty
    • Tactics
  • Network
    • Learn more
  • Training
  • Officer Privacy
  • Jobs
  • Contact

© 2024 LawOfficer.com