A Minneapolis police officer who shot dead an unarmed Australian yoga teacher in her pajamas after responding to her 911 call intends to plead not guilty.
Court documents filed Wednesday show Mohamed Noor will plead not guilty at his May 8 court appearance, Minnesota Public Radio News is reporting.
The documents also say Noor intends to present self-defense and reasonable force defenses.
Noor is charged with third-degree murder and second-degree manslaughter in the July 15 death of Justine Ruszczyk Damond.
Court documents filed Wednesday show Mohamed Noor (seen above after posting bail in Minneapolis on March 21) will plead not guilty at his May 8 court appearance
Noor shot dead an unarmed Australian yoga teacher in her pajamas after responding to her 911 call
Noor is charged with third-degree murder and second-degree manslaughter in the July 15 death of Justine Ruszczyk Damond (above)
Prosecutors say Noor was in a squad car’s passenger seat when he shot Damond through the open driver’s side window after she approached the vehicle.
When charges were announced, Hennepin County Attorney Mike Freeman said there was no evidence Noor encountered a threat that justified using deadly force.
Noor, 32, turned himself in on the morning of March 20.
He shot Justine in the stomach when she approached his squad car minutes after she called police to report a possible sexual assault in the alley behind her home.
Charging documents reveal Justine said ‘I’m dead’ or ‘I’m dying’ as she clasped her stomach after being shot.
Prosecutors say Noor was in a squad car’s passenger seat when he shot Damond through the open driver’s side window after she approached the vehicle
She was given CPR by the officers but died at the scene.
‘In the short time between when Ms Damond-Ruszczyk approached the squad car and the time Officer Noor fired the fatal shot, there is no evidence that officer Noor encountered a threat, appreciated a threat, investigated a threat or confirmed a threat that justified his decision to use deadly force,’ Freeman said.
‘Instead, Officer Noor recklessly and intentionally fired his handgun from the passenger seat in disregard for human life. Such actions violate the criminal law.’
Justine’s family said in a written statement that they’re pleased that Mr Freeman decided to bring charges of third-degree murder and second-degree manslaughter.
They said they hope a strong case will be presented and Noor will be convicted, calling the charges ‘one step toward justice for this iniquitous act’.
‘No charges can bring our Justine back,’ Justine’s father John Ruszcyzk and Mr Damond said in the joint statement.
‘However, justice demands accountability for those responsible for recklessly killing the fellow citizens they are sworn to protect, and today’s actions reflect that.’
The Minnesota Bureau of Criminal Apprehension (BCA), which is investigating the shooting, said in a statement that he had declined to be interviewed and that his attorney had not said if or when an interview would take place.
Justine’s family said in a written statement that they’re pleased that Mr Freeman decided to bring charges of third-degree murder and second-degree manslaughter (pictured are Justine and Don Damond)
Justine was unarmed and had called 911 to alert police to what she believed may have been a rape taking place behind her home
However, many of the key parts of Noor’s narrative gel with the version of events released by the BCA, who had interviewed his partner, Matthew Harrity.
Justine was unarmed and had called 911 to alert police to what she believed may have been a rape taking place behind her home.
Speaking on the condition of anonymity, a friend of Noor’s told DailyMail.com that the officer had opened fire when an unidentified figure emerged from the dark and ran towards the vehicle.
The officer said he was not sure what the person was carrying and momentarily opened fire through his driver-partner’s open window.
It was confirmed that Justine’s cell phone was found alongside her during the tragedy.
Noor told associates it was dark and the situation was already tense as the caller had been ‘panicking’ when making the 911 call reporting an assault in the alley beyond where Justine lived with her fiancé and his son.
The squad car, driven by his partner Matthew Harrity traveled hastily down the unlit alley between Washburn and Xerxes avenues south from West 50th Street toward West 51st Street.
Both he and Harrity gave CPR to the victim before help and back-up arrived, but she was pronounced dead at the scene.
The charge of third-degree murder carries a maximum of of 25 years in prison, although the presumptive sentence is 12 years.
The second-degree manslaughter charge carries a maximum of 10 years in prison, and the presumptive sentence is four years.
Noor has been freed on $400,000 bail.