Prosecutors delay decision on Minnesota cop who fatally shot Australian

[webfact]

Prosecutors delay decision on Minnesota cop who fatally shot Australian

By Chris Kenning

 

FILE PHOTO: Justine Damond, also known as Justine Ruszczyk, from Sydney, is seen in this 2015 photo released by Stephen Govel Photography in New York, U.S., on July 17, 2017. Stephen Govel/Stephen Govel Photography/Handout via REUTERS/File Photo

 

(Reuters) - Minneapolis' top prosecutor on Thursday said more investigation is needed before he decides whether or not to charge a police officer in the fatal shooting of an Australian woman in July that led to the police chief's resignation.

 

Hennepin County Attorney Mike Freeman said in a statement that he would not decide before the end of 2017 as he had hoped in the death of Sydney native Justine Damond, 40, who was shot once by Somali-born Minneapolis Police Officer Mohamed Noor from his patrol car.

 

"The investigation and review of the case will not be rushed. It is more important to get it right than to get it done quickly," Freeman said.

 

Noor has been on paid leave and has declined to be interviewed by Minnesota state investigators.

 

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 previously 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 that Damond "didn't have to die."

 

Noor's attorney, Thomas Plunkett, said in a statement on Thursday that Noor extended his "thoughts and wishes" to Damond's family and raised concerns about the objectivity of Freeman.

 

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 through the open driver's-side window, striking Damond. Court documents said a woman slapped the back of the car before the shooting.

 

Damond's father, John Ruszczyk, last week in Sydney said he was concerned the investigation into her death may have been mishandled after prosecutor Freeman criticized investigators.

 

Freeman has said Harrity did not provide insightful information. Freeman also said he did not yet have enough evidence to charge Noor.

 

"I have to prove beyond a reasonable doubt, the moment he shot the gun he feared for his life," Freeman said in video comments posted by the Star-Tribune newspaper. "But he won't answer my questions."

 

The attorney for Damond's family, Bob Bennett, on Thursday said that Damond's family supported the delay.

 

"We support Mr. Freeman's decision to take additional time to ensure the investigation is rigorous and complete," Bennett said in a statement. "We want justice and appreciate the support from all those who want the same."

 

(Reporting by Chris Kenning in Chicago; additional reporting by Jane Wardell in Sydney; editing by Grant McCool)

 

-- © Copyright Reuters 2017-12-29

[DoctorG]

I would have thought that this was a fairly easy case to indite. I doubt that he intended to shoot her but if he was not in control enough then he was certainly reckless. Take it to court and let the jury decide.

[phantomfiddler]

Of course he intended to shoot her, and he did shoot her, and she died ! The question is, why on earth did he shoot her when she was the one who called for the police ? The man is obviously one of the "if it moves, shoot it" mentalities and should be charged with murder.

[soalbundy]

Americans with guns is the same as Thai's with a car

[FritsSikkink]

1 hour ago, DoctorG said:

I doubt that he intended to shoot her 

He took his gun out of his holster, pointed it to her an pulled the trigger. How on earth couldn't he intended that?

[waighty]

41 minutes ago, soalbundy said:

Americans with guns is the same as Thai's with a car

Wow. Someone managed to turn it into a Thai bash. Well done.

[Credo]

It is, without a doubt, a very questionable action by the police officer, but it is never a good idea to be in what could likely be a conflict situation.   The lady should not have been outside when the police arrived.   The only time that is a wise move is if the suspected perpetrator is inside.   

[johna]

The police officer is from Somalia, Mohamed Noor was fast tracked through the police academy to please the liberal major and her Somali friends, while Justine stood at the door of the car talking to the police, Mohamed drew his gun, leaned across his partner and shot her. There were reports at the time that Noor had problems with his wife and women in general.  

[klauskunkel]

4 hours ago, webfact said:

"I have to prove beyond a reasonable doubt, the moment he shot the gun he feared for his life," Freeman said

Is the prosecutor trying not to prosecute? I'm confused by this statement.

[Coconutman]

Liberal Minnesota, black, muslim cop, hated women.

Take a guess why.

 

he has the race card and the religion card to play.

[ThaiFelix]

After careful consideration (with the help of the NRA) the judge has decided the Australian is obviously guilty of bullet theft, backed up by indisputable evidence showing how the bullet was found in the Australians possession after the incident.

 

Truth, justice, and the American way!

[Ulic]

The wagons have been circled and the blue wall code of silence is in full force.

Nothing further will come of this. Nothing can be proved.  

[Thaidream]

I really question the training given to police officer in America.  Their tendency is to shoot to kill .  There have been many cases where non lethal action was warranted yet lethal force applied.  America is not a war zone where free fire zones are authorized.  This is not community policing but an indication that officers are indoctrinated with an 'us' against 'them' mindset.

If you can't take down anyone without a weapon and react only to noises- your are more than just afraid- you are incompetent.

[puck2]

For me a typical US problem. 3 reasons

1. job exducation for the police is disastrous, no serious law and right education. That cannot work within a few months, as it does/n't in the USA. Are you able to tell me one state in the civilized world, where so many people have been shot by police even for minor misdemeanors, i.e. traffic offences? In civilized states police shoot the people/criminals only in the case of real self- defence. They are obliged to make them unable to fight.

2. Gun law. Because the police are afraid that the culprit may have a gun they are afraid to be killed und therefore shot first. This means they are afraid of violence. In civilised countries the police must not be afraid that culprits have a gun, in general. They try to talk before, having ideas and job-education of not killing the culprits.

3. To me it seems that the US people have a gene of violence on their chromosomes. Devellopped in history when occupying the land of the indigenous people. That means being prepared when going around the corner, through the mountains, or the forests. The only solution: kill before you are killed.

In many cases they are unable to solve a problem by talking to each other. I had my own experience with such a gun-lover in a guesthouse below our land. When our dog „touched“ him we heard a big noise. Running downwards I saw this man menacing he would shoot our dog if she would „touch“ him again. This man pretendet to be a dog expert when talking to each other and abou dogs(!) the day before. A Non-American – and just a dog expert - would have talked to us about the problem.

[Baerboxer]

5 hours ago, DoctorG said:

I would have thought that this was a fairly easy case to indite. I doubt that he intended to shoot her but if he was not in control enough then he was certainly reckless. Take it to court and let the jury decide.

 

And both officers could then be questioned under oath. And perhaps be asked to explain why they contravened police procedure in not activating their body cameras.

[Guest Jerry787]

they suppose to decide if send the cop to death penalty or life har work jail without any parole!

show justice its equal to all, before drunkly shout make america great again!

[Thaidream]

Not all Americans are gun lovers- I am American- and I do not care for guns- and never owned them.  I had to use guns while I was in the Army and that was enough for me. Most Americans want limits on the type of guns; who can own them and how they will be utilized.  

 

American History is rife with gun usage and they were essential during America's expansion Westward- guns were used for protection as well as to garner food for the day or for the upcoming winter.  However, when one went to a built up area like a town or village- normally the local constable had guns checked at the police station and then picked up when one left the built up area.

 

Americans do believe in the second amendment  of the US Constitution which allows Americans to own guns but the extent of this ownership and limits are what is under debate. I do not believe guns have a place in an urban environment but I do believe in rural areas- they may be useful.  The problem America has now is that there are hundreds of millions of guns that have been proliferated by business; conservative governments and individuals who believe the 2nd Amendment gives one unlimited rights to own and carry guns.

 

Unfortunately, both the federal and state governments have been remiss in enforcing current laws and passing reasonable laws for the protection of ALL citizens- someone who want to limit the ownership of guns. For example- why does a private owner need 20-30-or 40 guns?; Why would a private owner need a semi automatic weapon that is similar to weapons of war?; Why does a private owner need thousands of rounds of ammunition? Why is there no universal registration of guns in America in a single database to be matched against people with criminal records and/or mental illness?

 

The police and other law enforcement have a duty to carry weapons but not use them indiscriminately. No doubt- they are in fear of their lives but they know that when applying and being accepted as a peace officer. Part of the modus operandi of a police person must be to take down a person with the least force possible- not to shoot to kill because one is threatened but only shoot to kill when there is no other way. Being afraid is not justification. Just like in war- being afraid of civilians who might be enemy collaborators is not justification for shooting.

[soalbundy]

10 hours ago, FritsSikkink said:

He took his gun out of his holster, pointed it to her an pulled the trigger. How on earth couldn't he intended that?

He thought it was his dick

[farq]

9 hours ago, Credo said:

It is, without a doubt, a very questionable action by the police officer, but it is never a good idea to be in what could likely be a conflict situation.   The lady should not have been outside when the police arrived.   The only time that is a wise move is if the suspected perpetrator is inside.   

Can't follow your reasoning. Why, exactly, should she have not been outside when the police arrived? The more relevant question is why this cop found it necessary to open fire on the first thing that he saw instead of getting out of the car and ascertaining what the situation was? will we see the old saw "feared for his life" used as an excuse for this ladies murder?!

[farq]

4 hours ago, Thaidream said:

Not all Americans are gun lovers- I am American- and I do not care for guns- and never owned them.  I had to use guns while I was in the Army and that was enough for me. Most Americans want limits on the type of guns; who can own them and how they will be utilized.  

 

American History is rife with gun usage and they were essential during America's expansion Westward- guns were used for protection as well as to garner food for the day or for the upcoming winter.  However, when one went to a built up area like a town or village- normally the local constable had guns checked at the police station and then picked up when one left the built up area.

 

Americans do believe in the second amendment  of the US Constitution which allows Americans to own guns but the extent of this ownership and limits are what is under debate. I do not believe guns have a place in an urban environment but I do believe in rural areas- they may be useful.  The problem America has now is that there are hundreds of millions of guns that have been proliferated by business; conservative governments and individuals who believe the 2nd Amendment gives one unlimited rights to own and carry guns.

 

Unfortunately, both the federal and state governments have been remiss in enforcing current laws and passing reasonable laws for the protection of ALL citizens- someone who want to limit the ownership of guns. For example- why does a private owner need 20-30-or 40 guns?; Why would a private owner need a semi automatic weapon that is similar to weapons of war?; Why does a private owner need thousands of rounds of ammunition? Why is there no universal registration of guns in America in a single database to be matched against people with criminal records and/or mental illness?

 

The police and other law enforcement have a duty to carry weapons but not use them indiscriminately. No doubt- they are in fear of their lives but they know that when applying and being accepted as a peace officer. Part of the modus operandi of a police person must be to take down a person with the least force possible- not to shoot to kill because one is threatened but only shoot to kill when there is no other way. Being afraid is not justification. Just like in war- being afraid of civilians who might be enemy collaborators is not justification for shooting.

A brilliant observation!! Absolutely correct.  

[FreddieRoyle]

Wonderful news for Ms Damond's family. It really looked like he was going to get away scott-free with this horrific and uncalled for crime. So, now he is charged(finally after much heel dragging by authorities) and has turned himself in, currently held with a bail of $500k. 

 

 

http://www.foxnews.com/us/2018/03/20/officer-who-fatally-shot-justine-damond-turns-himself-in-charges-pending.html