MINNEAPOLIS — On Thursday, Oct. 21, former Minneapolis police officer Mohamed Noor will be resentenced for second-degree manslaughter in Justine Ruszczyk's death. In April 2019, a jury found Noor guilty of third-degree murder and second-degree manslaughter, and not guilty of second-degree murder.
But on Sept. 15, 2021, after considering an appeal by Noor's legal team, the State Supreme Court reversed the third-degree murder conviction, ruling Noor's actions were directed "with particularity," and therefore did not meet the "depraved-mind" requirement spelled out by the state's third-degree murder statute.
The former Minneapolis police officer was originally sentenced to 12 years in prison. Now Noor must be resentenced on the second-degree manslaughter charge alone.
THE INCIDENT
On July 25, 2017, the 40-year-old Ruszczyk called 911 just before 11:30 p.m. to report what sounded like a possible sexual assault behind her house on the 5000 block of Washburn Avenue S. in southwest Minneapolis. She called 911 a second time less than 10 minutes later, and at 11:41 p.m. Officers Matthew Harrity and Mohamed Noor drove down the alley behind Ruszczyk 's house.
Noor, who was in the passenger seat, fired his gun when Ruszczyk approached the squad car's driver side door from behind the car. That bullet hit and killed Ruszczyk.
As the investigation into what happened the night Ruszczyk was killed got underway, the Minnesota Bureau of Criminal Apprehension (BCA) revealed the officers did not have their body worn cameras turned on the night of the shooting.
According to the BCA, Officer Harrity told investigators that he was startled by a loud noise before Ruszczyk approached their squad car.
The BCA continued its investigation until September when the case was turned over to Hennepin County Attorney Mike Freeman. Freeman said his decision over whether charges would be filed in the fatal shooting would come before the end of the year, but on Dec. 28, 2017, said the investigation needed more time.
On March 20, 2018, Noor turned himself in after being charged with third-degree murder and second-degree manslaughter in Ruszczyk's death.
In September 2018, a judge ruled against Noor's motions to dismiss all charges due to prosecutorial misconduct and probable cause, and said there was enough probable cause to move the case forward and let a jury decide Noor's guilt or innocence.
In December, a judge allowed prosecutors to add a second-degree "intentional murder charge" against Noor.
THE TRIAL
Noor's attorneys again tried to have the case against him dismissed in August 2018. A judge rejected that motion, and Noor's trial began on April 1, 2019, nearly two years after Ruszczyk's death.
The trial continued throughout April and on April 30, a jury of 10 men and two women deliberated for about 11 hours before reaching a verdict.
Jurors found Noor guilty of third-degree murder and second-degree manslaughter, and not guilty of second-degree murder. Noor was sentenced to 12 and a half years in prison.
CONVICTION OVERTURNED
Following his sentencing, Noor's legal team appealed to overturn the third-degree murder conviction.
In February of 2021 the Minnesota Court of Appeals upheld the conviction, which prompted Noor's team to file a petition asking the Minnesota Supreme Court for review.
On Sept. 15, 2021, the Minnesota Supreme Court reversed that conviction and ruled that Noor's actions were directed "with particularity." Therefore, they didn't meet the "depraved-mind" requirement for third-degree murder.
That decision by the state supreme court meant Noor would be resentenced only on his second-degree manslaughter charge.
Ruszczyk's fiancé Don Damond reacted to the news, saying he and his family were "deeply saddened" by the state supreme court's decision.
"I have lived with the tragic loss of Justine and none of this can hurt my heart more than it has been, but now it truly feels like there has been no justice for Justine," Damond wrote in a statement to KARE 11.
According to KARE 11's Lou Raguse, with credit for time served Noor could be released from prison by the end of 2021 or early next year.
WHAT'S NEXT
Mohamed Noor's resentencing will take place on Oct. 21, 2021 starting at 9 a.m. in front of Hennepin County District Judge Kathryn Quaintance. For updates throughout the day, download the KARE 11 app and follow KARE 11 online, on Twitter and on Facebook.
Noor's team has submitted a request to be resentenced to 41 months, much of which Noor has already served since entering prison in May 2019.
Following the Minnesota Supreme Court's decision to reverse the third-degree murder conviction, Hennepin County Attorney Mike Freeman said in a statement that his office will seek the maximum sentence for the remaining second-degree manslaughter conviction.