The Minnesota Supreme Court has tossed out the third-degree murder conviction of former Minneapolis Police Officer Mohamed Noor in the killing of Justine Ruszczyk Damond in 2017.
The Supreme Court stated that Noor did not possess the mental state necessary for depraved-mind murder. Noor had been serving a 12 and a half year prison sentence on the third-degree count.
Noor will now be re-sentenced on the lesser charge of second-degree manslaughter.
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Attorney Mike Padden, who was not affiliated with this case, explained the ruling saying the change came as a surprise to him following the Court of Appeals upholding of the charge previously.
“The Court of Appeals had concluded that the conduct in question for Noor did fit the definition of depraved mind even though it was clearly directed at one person, at least according to his testimony,” Padden said. “So the the court, in essence, this concept of generalized indifference, I guess what they're saying is the only time third-degree murder really applies is if somebody is shooting into a crowd and kills someone. The key here is the court, since the evidence indicates that the conduct was directed at one person, then third-degree murder doesn't apply. I think the essence of that, but there was a dissenting judge in the court of appeals, so now this this makes a dissenting judge looks good because I guess he had it right all along.”
Another Twin Cities defense attorney Joe Friedberg who is not associated with the case, says the ruling was the right move, saying "Thank God" when told of the change by the Supreme Court.
“Everybody in this state that practices in the field of criminal law has understood from day one that third-degree murder could not possibly have applied to what Mohamed Noor did,” Friedberg told WCCO.
According to state statutes, third-degree murder applies when a defendant kills someone "by perpetrating an act eminently dangerous to others and evincing a depraved mind." Padden and other attorneys have told WCCO that the "depraved mind" language in the sentence has made it difficult for courts to come to a consensus.
Following Noor's conviction, attorneys for former officer filed a motion for acquittal, arguing that evidence at trial did not prove Noor "acted with a depraved heart," referencing the murder statute.
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The Noor ruling also factored into the charges against Derek Chauvin, the former Minneapolis officer that was convicted of killing George Floyd. At the time, Judge Peter Cahill refused to use the reinstate the third-degree murder charge after the prosecution initially charged Chauvin and Cahill threw it out. Cahill's ruling determined that Chauvin and the other officers targeted Floyd so the "depraved mind" aspect of the charge didn't fit.
Noor was also convicted of second-degree manslaughter and will now be re-sentenced. The standard sentence for 2nd degree manslaughter is 48 months. That decision will also be up to the discretion of the judge. Padden told WCCO he doesn't think it would change the outcome much.
“I don't think this will have any effect at whatsoever,” Padden said when asked about a judge re-sentencing Noor. “Thank God they got a conviction for unintentional second-degree murder because if it was only third-degree murder, I mean could you imagine if that conviction was reversed in this country? I don't even want to think about it.”