The Minneapolis police officer who fatally shot an unarmed woman last July was charged Tuesday with third-degree murder and second-degree manslaughter eight months after the case sparked protests, international outrage and the firing of the city’s police chief.

Hennepin County Attorney Mike Freeman said Mohamed Noor, 32, acted “recklessly” when he fired the shot into the dark that killed 40-year-old Justine Ruszczyk Damond after she called 911 to report a suspected rape in her south Minneapolis neighborhood.

The shot came after Noor and his partner, Matthew Harrity, had driven through the alley behind Damond’s home, saw no suspicious activity and were preparing to leave when they were surprised by someone outside the police car. Harrity, the driver, told investigators he was “spooked,” feared for his life, and took his gun from its holster before Noor reached across and fired his weapon out the driver’s side window.

Harrity looked out his window and saw Damond clutching her abdomen with both hands. He recalled her saying, “I’m dying,” or “I’m dead.”

Freeman said the investigation of the shooting uncovered no evidence that Noor “encountered, appreciated, investigated or confirmed a threat that justified the decision to use deadly force.”

“Instead, officer Noor recklessly and intentionally fired his handgun from the passenger seat, a location at which he would have been less able than officer Harrity to see and hear events on the other side of the squad car,” Freeman said.

The shooting showed evidence of “a depraved mind,” as the charges are defined, and “culpable negligence,” Freeman said, though he acknowledged that proving that to a jury is “a daunting task.”

Damond’s death was the third controversial police shooting in the Twin Cities in recent years — events that led to calls for greater police oversight, improved community relations and better training for officers.

The case sent a shock wave from Minneapolis all the way to Damond’s native Australia, horrifying many people there as a grim example of aggressive U.S. police behavior.

On Tuesday, her family, including fiancé, Don Damond and father, John Ruszczyk, applauded the charges in a joint statement, calling them “one step toward justice for this iniquitous act.”

“No charges can bring our Justine back. 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 statement read.

Police Chief Medaria Arradondo, who was appointed after former Chief Janeé Harteau was ousted following Damond’s death, announced Noor’s immediate departure from the department. He also emphatically apologized to the Damond family.

“I am committed to ensuring that myself, and every member of the MPD, learn from this tragedy,” he said in a statement. “It is imperative that we as a Police Department build trust in those places where it did not exist, and increase the trust in those places where it has been shaken.”

But Noor’s attorney, Thomas Plunkett, said Noor acted appropriately. “The facts will show that Officer Noor acted as he has been trained and consistent with established departmental policy,” he said in a statement. “Officer Noor should not have been charged with any crime.”

Noor surrendered to Hennepin County deputies after a warrant was issued for his arrest Tuesday. He was later booked into the county jail on $500,000 bail for charges of third-degree murder and second-degree manslaughter. He is expected to make his first court appearance Wednesday and faces up to 35 years in prison if convicted.

Freeman told reporters that the case “would’ve been done much quicker” if some of Noor’s fellow officers had agreed to cooperate with his investigators, repeating an assertion that drew a strong rebuke from the police union. Freeman told reporters that the officers’ silence factored into his decision to call a grand jury.

Shari L. Gross Video (03:11): In March, 2018, Minneapolis police officer Mohamed Noor was charged with murder and manslaughter in the July shooting death of Justine Ruszczyk Damond, a decision that prosecutors said was delayed by some of the officer's colleagues' reluctance to testify. Video (03:11): In March, 2018, Minneapolis police officer Mohamed Noor was charged with murder and manslaughter in the July shooting death of Justine Ruszczyk Damond, a decision that prosecutors said was delayed by some of the officer's colleagues' reluctance to testify.

“I’ve never had police officers who weren’t suspects refuse to do their duty and come talk to us,” Freeman said. “These are hard jobs and tough questions. The police patrol, investigate and present us cases — we evaluate those cases and have to make the charging decision and do the prosecution.”

“There’s going to be tension between those two roles but … we will not stop getting all the evidence, even if we have to ruffle some feathers.”

Freeman had previously pledged to end the decades-old practice of using a grand jury in officer-involved shootings, a secretive process that he said lacked transparency and undermined public trust.

Bob Kroll, president of the Minneapolis Police Federation, the union that represents the department’s officers, said in a statement that officers were simply advised of their rights, and none was told not to speak with investigators. He said many of the officers called to testify had nothing to do with the case. “No opinions were offered on what action to take with any of our members,” Kroll said. “For Mr. Freeman to say this, he is either lying or perpetuating a lie told to him. This is evidenced by the fact that nothing in the criminal complaint was discovered during grand jury testimony.”

Justin Terrell, executive director of the Council for Minnesotans of African Heritage, said he was having a hard time reconciling the day’s events, given the criminal justice system’s past mistreatment of minorities. Noor is Somali-American, while Damond was white.

“It is suspicious, to say the least, that the first time the system tries to get it right that it’s a member of our community that is going to have to go through this,” he said, adding that he didn’t necessarily disagree with the charges. “There’s a legacy of racism that black folks are to be feared and controlled, and a legacy of racism that white folks are to be protected.”

‘We both got spooked’

The charges are consistent with the initial information released by BCA investigators — that Noor’s partner, Harrity, heard a loud sound coming from behind the vehicle moments before Noor fired his gun. Noor, who was hired in March 2015, has declined to speak with investigators, but Harrity’s interview revealed more details about the night’s events.

Harrity and Noor arrived in the alley behind Damond’s home at S. 50th and Xerxes avenues. Their headlights were off and computer screen dimmed, but Harrity used the spotlight as they drove slowly down the alley. Harrity removed the safety hood of his holster over his gun before turning into the alley. Harrity, who joined the force in 2016, later recalled that he heard what he believed to be a dog before reaching the rear of Damond’s home at 5024 Washburn Av., but did not get out of the car to investigate. He did not hear other noises.

As the squad reached the end of the alley at 51st Street, nearly 2 minutes after arriving, Noor entered “Code 4” into the squad computer, indicating that the scene was secure and no assistance was needed.

Harrity later said that just before the shooting, he and Noor were at the end of the alley waiting for a bicyclist to pass. Five to 10 seconds later, Harrity heard a voice, a thump somewhere behind him on the squad car, “and caught a glimpse of a person’s head and shoulders outside his window.”

“Officer Harrity said he was startled and said, ‘Oh sh*t or Oh Jesus.’ ” Fearing for his life, Harrity said that he reached for his gun, unholstered it, and held it to his rib cage while pointing it downward.

He then heard what “sounded like a light bulb dropping on the floor and saw a flash.” After first checking to see whether he had been shot, he looked to his right and saw Noor with his right arm extended toward Harrity but did not see a gun. Turning to look out of the window, he saw Damond, “who put her hands on a gunshot wound on the left side of her abdomen and said ‘I’m dying’ or ‘I’m dead,’ ” the charges read.

Both men got out of the squad, Noor still clutching his weapon. Harrity told him to reholster his gun. Neither officer’s camera was on at the time of the shooting, but both turned them on immediately afterward. Harrity began CPR, with Noor taking over before paramedics arrived at 11:49 p.m. Damond died at the scene.

The body camera captured a conversation between Harrity and his supervising sergeant, with Harrity saying, “She came up on the side out of nowhere,” and “We both got spooked.” He said Noor “pulled out and fired.” At the time, he did not mention hearing a voice or a noise beforehand.

Ryan Masterson, a neighbor who lives directly across the alley from where Damond died, stopped Tuesday to place daisies at the memorial that he’s helped maintain over the past eight months. He applauded Freeman’s decision to charge Noor as the beginning of a long-awaited resolution to the case.

“The family will finally get some answers. There’s a calming peace brought today,” he said.

Star Tribune staff writers Liz Sawyer, Andy Mannix, Brandon Stahl, Randy Furst, and University of Minnesota student reporter Trevor Squire contributed to this report.</s>MINNEAPOLIS (Reuters) - The Minneapolis police officer who fatally shot an unarmed Australian woman last July was arrested on Tuesday on charges of second-degree murder and third-degree manslaughter, according to county records.

Mohamed Noor was arrested by the Hennepin County Sheriff's Office in the death of Justine Damond, 40. His bail was set at $500,000, according to county jail records.

The third-degree murder charge accused Noor of committing an "eminently dangerous act" and showing a "depraved mind," and the second-degree manslaughter charge cited "culpable negligence creating unreasonable risk," the records showed.

The penalty for third-degree murder is up to 25 years in prison and second-degree manslaughter carries a penalty of up to 10 years, according to a state website.

Minneapolis' top prosecutor Hennepin County Attorney Mike Freeman is expected to announce the charges at a news conference at 2:30 p.m. local time in the July 2017 death of Damond, who was shot by Noor from his patrol car.

Freeman had delayed his decision in December, saying his office needed more time and he did not have enough evidence to charge Noor. The county attorney's office declined to comment beyond the statement on Tuesday.

Noor has been on paid leave and had declined to be interviewed by Minnesota state investigators. Neither Noor's attorney, Tom Plunkett, nor the head of the Minneapolis Police Union, Bob Kroll, could immediately be reached for comment.

Plunkett has said that Noor extended his "thoughts and wishes" to Damond's family and raised concerns about Freeman's objectivity.

The attorney for Damond's family, Bob Bennett, could not be reached on Tuesday.

Damond's fiance Don Damond, and her father, John Ruszczyk, issued a joint statement in which they praised the decision to charge Noor and hoped it resulted in a conviction, according to the Minneapolis Star Tribune.

"No charges can bring our Justine back. However, justice demands accountability for those responsible for recklessly killing the fellow citizens they are sworn to protect," they said in the statement, according to the newspaper report.

Damond, who was living in Minneapolis and engaged to be married, had called police about a possible sexual assault near her house and approached the police after their arrival, authorities have said. She had owned a meditation and life-coaching company.

The shooting drew condemnation in Minnesota and Australia, where Prime Minister Malcolm Turnbull called it "shocking" and "inexplicable." Then-Minneapolis police chief Jamee Harteau resigned after city officials said procedures had been violated and Damond "didn't have to die."

Neither Noor, who came to the United States from Somalia as a child, nor Matthew Harrity, another officer in the patrol car, had their body cameras activated, police have said.

Harrity told investigators he was startled by a loud sound near the patrol car shortly before Noor fired. Court documents said a woman slapped the back of the car before the shooting.</s>The attorney investigating the shooting of Justine Damond says Mohamed Noor "recklessly fired his handgun in disregard for human life", as the police officer is charged with third-degree murder and second-degree manslaughter.

Justine Damond was shot and killed by a police officer in July last year. (Credit: ABC licensed)

A Minneapolis police officer who shot and killed unarmed Australian woman Justine Damond last July has turned himself in on charges of third-degree murder and second-degree manslaughter.

Officer Mohamed Noor shot Ms Damond, a 40-year-old life coach, on July 15, minutes after she called 911 to report a possible sexual assault in the alley behind her home.

Her death drew international attention, cost police chief Janee Harteau her job and forced major revisions to the department's policy on body cameras.

Hennepin County Attorney Mike Freeman outlined the case against Mr Noor in a media conference this morning (AEDT).

"We have a second-by-second understanding of what happened," Mr Freeman said.

"In the short time between when Ms Damond Ruszczyk approached the squad car and the time that 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.

"Instead officer Noor intentionally and recklessly fired his handgun from the passenger seat in disregard for human life."

Mr Noor has been booked on a third-degree murder charge for perpetrating an eminently dangerous act while showing a "depraved mind".

The second-degree manslaughter charge alleges he acted with "culpable negligence creating unreasonable risk".

If convicted of third-degree murder, he could face a maximum of 25 years in prison, though the presumptive sentence is 12 and a half years.

His lawyer, Thomas Plunkett, confirmed Mr Noor turned himself in, but had no other immediate comment.

The second-degree manslaughter charge carries a maximum sentence of 10 years in prison, but the presumptive sentence is four years.

Mr Noor has not spoken publicly about the case and declined to answer questions from investigators.

Ms Damond's father, John Ruszcyzk, and her fiance, Don Damond, issued a joint statement on behalf of both families, saying they applauded the decision to charge Mr Noor "as one step toward justice for this iniquitous act".

They said they were pleased that the investigation appeared diligent and thorough, and they hoped for a conviction.

"No charges can bring our Justine back," the statement said.

"However, justice demands accountability for those responsible for recklessly killing the fellow citizens they are sworn to protect, and today's actions reflect that."

A policeman who was with Mr Noor at the time of the shooting, Matthew Harrity, told investigators that he was startled by a loud noise right before Ms Damond approached the driver's side window of their police car.

Mr Harrity, who was driving, said Mr Noor then fired his weapon from the passenger seat.

Ms Damond died of a gunshot wound to the abdomen.

The officers did not turn on their body cameras until after the shooting, and there was no squad camera video of the incident.

The lack of video was widely criticised, and Ms Damond's family members were among the many people who called for changes in procedure, including how often officers are required to turn on their cameras.

The shooting also prompted questions about the training of Mr Noor, a two-year veteran and Somali-American whose arrival on the force had been celebrated by city leaders and Minnesota's large Somali community.

Mr Noor, 32, had trained in business and economics and worked in property management before becoming an officer.

Then-chief Ms Harteau defended Mr Noor's training and said he was suited to be on the street, even as she criticised the shooting itself.

But Ms Harteau — who was on holidays when the shooting happened and did not make her first public appearance until several days after the shooting — was forced out soon after by Mayor Betsy Hodges, who said she had lost confidence in the chief.

Ms Harteau's replacement, Medaria Arradondo, quickly announced a policy change requiring officers to turn on their body cameras in responding to any call or traffic stop.

Mr Noor has been on paid leave since the shooting.</s>MINNEAPOLIS (Reuters) - The Minneapolis police officer who fatally shot an unarmed Australian woman last July was arrested on Tuesday on charges of third-degree murder and second-degree manslaughter, prosecutors said.

Mohamed Noor, 32, turned himself in and was arrested for the death of Justine Damond, 40, who had called 911 about a possible sexual assault near her house, Hennepin County Attorney Mike Freeman said in a press conference announcing the charges.

“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 told reporters. “Instead, Officer Noor recklessly and intentionally fired his handgun.”

After Noor shot her, Damond put her hands on the gunshot wound on the left side of her abdomen and said, “I’m dying” or “I’m dead,” Freeman said.

The shooting drew condemnation in Minnesota and Australia, where Prime Minister Malcolm Turnbull called it “shocking” and “inexplicable.” Then-Minneapolis police chief Jamee Harteau resigned after city officials said procedures had been violated and Damond “didn’t have to die.”

The third-degree murder charge accused Noor of committing an “eminently dangerous act” and showing a “depraved mind,” and the second-degree manslaughter charge cited “culpable negligence creating unreasonable risk,” the records showed.

The penalty for third-degree murder is up to 25 years in prison and second-degree manslaughter carries a penalty of up to 10 years, according to a state website.

Freeman, Minneapolis’ top prosecutor, had delayed his decision in December, saying his office needed more time and he did not have enough evidence to charge Noor.

Noor has been on paid leave and refused to be interviewed by Minnesota state investigators. Noor’s attorney, Tom Plunkett, could not immediately be reached for comment.

Plunkett previously said Noor extended his “thoughts and wishes” to Damond’s family and raised concerns about Freeman’s objectivity.

The attorney for Damond’s family, Bob Bennett, could not be reached on Tuesday.

Damond’s fiance, Don Damond, and her father, John Ruszczyk, issued a joint statement in which they praised the decision to charge Noor and hoped it resulted in a conviction, calling it “one step toward justice for this iniquitous act.”

“No charges can bring our Justine back. However, justice demands accountability for those responsible for recklessly killing the fellow citizens they are sworn to protect,” they said in the statement.

Damond, who was living in Minneapolis and engaged to be married, approached the police after their arrival, authorities have said. She had owned a meditation and life-coaching company.

Neither Noor, who came to the United States from Somalia as a child, nor Matthew Harrity, another officer in the patrol car, had their body cameras activated, police have said.

Harrity was startled by a loud sound near the patrol car shortly before Noor fired from the passenger seat of the patrol car through Harrity’s window, Freeman said.

Harrity, who pulled out his handgun during the incident but didn’t fire it, said both officers “got spooked” when Damond appeared “out of nowhere,” Freeman said.

Noor is scheduled to make an initial court appearance on Wednesday in Hennepin County District Court in Minneapolis. Prosecutors are asking that Noor’s bail be set at $500,000, Freeman said.</s>A Minneapolis police officer who shot and killed an unarmed Australian woman in July was booked into jail Tuesday on charges of third-degree murder and second-degree manslaughter.</s>The Minneapolis police officer accused of fatally shooting Justine Damond in July was arrested Tuesday morning on suspicion of third-degree murder and second-degree manslaughter, according to jail booking information.

Mohamed Noor, 32, shot Damond just minutes after she called 911 on July 15 to report a possible sexual assault in the alley behind her home in Southwest Minneapolis, officials have said.

Noor’s attorney could not immediately be reached for comment Tuesday morning. A $500,000 bail was set by the jail, according to county records.

Hennepin County Attorney Mike Freeman had promised a decision in whether to charge Noor by the end of 2017, but Freeman said in December that he needed more time.

Freeman’s office has scheduled a news conference for 2:30 p.m. in Minneapolis.

While charges have not yet been publicly released, members of Damond’s family said in a statement they praised the decision to criminally charge Officer Noor.

“While we waited over eight months to come to this point, we are pleased with the way a grand jury and County Attorney Mike Freeman appear to have been diligent and thorough in investigating and ultimately determining that these charges are justified. We remain hopeful that a strong case will be presented by the prosecutor, backed by verified and detailed forensic evidence, and that this will lead to a conviction,” family members said in a prepared statement.
• U.S. Attorney’s office says victims of Hmong homeland fraud may be repaid after appeal
• Package believed to be bound for Austin explodes at Texas FedEx facility, police say “No charges can bring our Justine back. 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 charges against an officer in a shooting death would be the second such recent case in Minnesota. In the other, former St. Anthony police officer Jeronimo Yanez was acquitted last year on a manslaughter charge in the 2016 death of Philando Castile.

Activists have planned a rally at 50th Street and Washburn Avenue in South Minneapolis in response to the decision. The 6:30 p.m. rally is intended to support Damond as well as others who have died during encounters with police.</s>A Minneapolis police officer who shot and killed an Australian woman in July has been booked on charges of third-degree murder and second-degree manslaughter.

Officer Mohamed Noor turned himself in on Tuesday after a warrant was issued for his arrest in the death of Justine Ruszczyk Damond. Damond was shot on 15 July, minutes after she called 911 to report a possible sexual assault in the alley behind her home.

The 40-year-old life coach was engaged to be married.

Hennepin County attorney Mike Freeman was scheduled to discuss charges in the case at a 2.30pm news conference.

Noor has not talked publicly about the case and declined to be interviewed by state investigators. Jail records showed he was being held on $500,000 bail.</s>Minneapolis: The policeman who fatally shot Justine Damond in July last year has been charged with third-degree murder.

Minneapolis police officer Mohamed Noor was behind bars on Tuesday night after he was also charged with second-degree manslaughter in relation to the death of Ms Damond.

Noor reportedly turned himself in after a warrant was issued for his arrest.

Damond's father, John Ruszcyzk, and her fiance, Don Damond, issued a joint statement on behalf of both families, saying they applauded the decision to charge Noor "as one step toward justice for this iniquitous act". They said they are pleased that the investigation appeared diligent and thorough, and they hope for a conviction.</s>A Toronto man is now facing an upgraded charge of first-degree murder in the death of Tess Richey, a young woman who disappeared and was later found dead in the city’s Church-Wellesley neighbourhood.

Richey was reported missing on Nov. 25, 2017 after a night out with a friend at a bar in the downtown neighbourhood.

Four days later, her mother found her body in an outdoor stairwell of a building under construction in the area of Church and Dundonald streets.

Police initially said Richey’s death was not being considered suspicious. However an autopsy revealed that she died of neck compression and the homicide unit took over the case on Dec.1, 2017.

On February 4, police announced that they had charged 21-year-old Kalen Schlatter with second-degree murder in Richey’s death.

In a news release Wednesday, Police said they have now upgraded the charge against Schlatter to first-degree murder.

The suspect is scheduled to make a court appearance on Thursday.</s>Officer Mohamed Noor turned himself in to authorities, said Sherral Schmidt of the Police Officers Federation of Minneapolis.

Noor is being charged with third-degree murder -- "perpetrating an eminently dangerous act and evincing a depraved mind" -- as well as second-degree manslaughter -- "culpable negligence creating unreasonable risk," according to the Hennepin County Jail website.

In July, Ruszczyk called 911 late at night to report a possible sexual assault in an alley near her home. Fewer than 30 minutes later, she was dead from a gunshot wound to the abdomen. One of the two officers who responded to the call shot the unarmed woman.

Officer Matthew Harrity told investigators that he drove to the scene and was startled by a "loud sound" near the squad car, according to Minnesota's Bureau of Criminal Apprehension.

Immediately afterward, Ruszczyk approached the window on the driver's side, and Noor, Harrity's partner, shot Ruszczyk through the window, Harrity said. Hennepin County Attorney Mike Freeman told reporters on Tuesday afternoon that Noor's actions did not reflect the training he and Harrity received on responding to possible threats to their safety. "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. The prosecutor said some police officers would not cooperate with the investigation and volunteer information about the incident. Though the officers were wearing body cameras, they did not turn them on before the shooting, and the squad car camera did not capture the incident, investigators said. That lack of video evidence has frustrated city officials and led the Minneapolis Police Department to update its body camera policy to require officers to activate them upon being dispatched. Ruszczyk's death caused outrage in the United States and Australia and led to the resignation of the city's police chief. Though she was a veterinary surgeon in Australia, her native country, Ruszczyk worked as a spiritual healer, yoga and meditation instructor, and life coach in Minnesota. Don Damond, her fiance, said the two had planned to marry later that summer. The Ruszczyk family released a statement, praising the decision to charge Noor, calling it "one step toward justice for this iniquitous act." "We remain hopeful that a strong case will be presented by the prosecutor, backed by verified and detailed forensic evidence, and that this will lead to a conviction," said the statement released through family attorney Robert Bennett. "No charges can bring our Justine back. 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 Police Officers Federation of Minneapolis said it could not comment on specifics of the case. "We recognize the tragic shooting of Justine (Ruszczyk) Damond has greatly impacted, not only her family and friends, our membership, but also our community. We respect the criminal justice process and wait for the case to proceed before making further comment," the group said.
Minneapolis Police formally charge Mohamed Noor with third-degree murder and second-degree manslaughter for the shooting death of Justine Damond.