MINNEAPOLIS — Editor's note: The video above first aired Sept. 15, 2021
Former Minneapolis police officer Mohamed Noor has submitted a request to be resentenced to 41 months in prison after the Minnesota Supreme Court reversed his murder conviction last month in the shooting death of Justine Ruszczyk.
Noor was first sentenced to 12 years in prison after a jury convicted him of second-degree manslaughter and third-degree murder. The court reversed the third-degree murder conviction on Sept. 15, determining there was "insufficient evidence" to sustain it.
Noor will go before Judge Kathryn Quaintance on Oct. 21 for resentencing on the second-degree manslaughter conviction.
According to court documents, Noor is asking the court to resentence him according to the lower end of the guideline range, while crediting his time served and consistent positive behavior while incarcerated. He has been serving time in Oak Park Heights Prison since a jury returned its guilty verdict on April 30, 2019.
Attorneys for Noor argue, "This period of incarceration recognizes the particularly harsh nature of Mr. Noor's incarceration and recognizes the work he had done in prison to help those around him and be supportive of staff."
Hennepin County Attorney Mike Freeman said his office will seek the maximum sentence for the remaining second-degree manslaughter conviction.
"The court overruled prior case law supporting the Hennepin County Attorney’s Office charging decision and we disagree with their analysis of the law," said Freeman following the supreme court decision in September. "However, we respect and acknowledge that the Minnesota Supreme Court is the final arbiter in this matter."
The case stems from a July 15, 2017 incident, in which Ruszczyk called 911 to report an assault near her home. Noor's partner testified that when they arrived to the alley behind Ruszczyk's home, Noor became startled when Ruszczyk approached the squad car. He subsequently drew his weapon and fatally shot Ruszczyk
Depending on the judge's decision and credit for time served, it's possible Noor could be released immediately after next week's resentencing hearing.