The Minnesota Supreme Court on Wednesday reversed a third-degree murder conviction of former Minneapolis police officer Mohamed Noor. Noor was convicted for fatally shooting a 911 caller four years ago.
According to NBC, Noor will be re-sentenced for the manslaughter conviction than serve the 12 1/2-year sentence handed down to him in 2019 for murder.
Noor was initially convicted of second-degree manslaughter in the death of Justine Ruszczyk Damond on July 15, 2017.
Damond called 911 after she thought she heard a woman in the neighborhood being assaulted. When she went outside her home to greet the police, she allegedly startled them. This led Noor to shoot the innocent 911 caller fatally.
Hennepin County Attorney Mike Freeman said his office was disappointed by the court's decision.
"The court overruled prior case law supporting the Hennepin County Attorney’s Office charging decision and we disagree with their analysis of the law," wrote Freeman in a statement. "However, we respect and acknowledge that the Minnesota Supreme Court is the final arbiter in this matter."
His office will seek the maximum sentence for the remaining second-degree manslaughter conviction.
Ruszczyk Damond's fiance Don Damond said he and his family are "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.
Damond said the Minneapolis Police Department has not made "any meaningful progress towards transformation" since his fiancee's death.
Noor, who has been behind bars since April 30, 2019, is now looking for a 41-month sentence. "I talked to Mo this morning. It's a relief, great relief," lawyer Peter Wold told NBC News. "He has a young son, and it's time they get back together."
"In sum, our precedent confirms that Noor is correct in arguing that a person does not commit depraved-mind murder when the person's actions are directed at a particular victim," according to the opinion by Chief Justice Lorie Gildea. "The particular-person exclusion is simply another way of saying that the mental state for depraved-mind murder is one of general malice."
The city of Minneapolis agreed to a $20 million settlement with the woman's family.
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