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Former police officer’s murder decision reversed with the death of an Australian woman | Nationwide

Minnesota Supreme Court (AP) —Wednesday, the Minnesota Supreme Court overturned a third conviction of a former Minneapolis police officer who killed an Australian woman in 2017.

Mohamed Nuhr was convicted Third-class murder And two manslaughter crimes Death of Justin Lucitik DamondA double US and Australian citizen who called 911 to report a possible sexual assault behind her home.He was Sentenced to 12 and a half years in prison for murder However, he was not convicted of manslaughter.

The ruling means that his murder conviction will be overturned and the case will return to the district court convicted of manslaughter. He has already been guilty of murder for more than 28 months. If he is sentenced to an estimated four years’ imprisonment for manslaughter, he may qualify for release under surveillance later this year.

Katelyn Rose Fisher, one of the lawyers who worked on Noor’s appeal, thanked the Minnesota Supreme Court for revealing the components of the third-class murder, which ensured the fairness and consistency of the indictment decision. He said he hopes to improve.

“I said from the beginning that this was a tragedy, but it wasn’t a murder, and now the Supreme Court agrees and admits it,” she said.

The message left on Wednesday at the Hennepin County law firm that charged the case was not immediately returned.

Decision May Give Former Minneapolis Officer Derek Chauvin Grounds to challenge his own three-time murder conviction of George Floyd’s death May 2020. However, Chauvin has been convicted of a more serious number of second murders and has served for 22 and a half years, so it does not have a significant impact on Chauvin. Experts say Chauvin is unlikely to succeed in appealing his second murder conviction.

The ruling in Noor’s case was also closely watched for possible effects on three other former Minneapolis police officers awaiting Floyd’s death trial. Prosecutors wanted to encourage and add aiding charges to their third murder, which is now unlikely.trio Will be tried in March For both the second murder and the manslaughter and bet.

In a decision on Wednesday, the court said that a person’s mental state “must show general indifference to human life” for a third-class murder, also known as a “corrupted mind murder.” .. The peculiarity of the murdered person. “

The judge said the only rational reasoning that could be drawn in Noor’s case was that his actions were specifically directed to Damond.

State law defines three-time murder as “an act that is extremely dangerous to others and proves a corrupt mind, regardless of human life.” The central controversy was whether we had to read “dangerous to others” as a plural, or whether we could direct a fatal act to one particular person.

Fisher argued that the wording required the defendant’s actions to be directed at multiple people and that the law covered cases such as indiscriminate killings.

However, prosecutors called on the Minnesota Supreme Court to uphold the conviction of the third murder, saying that almost all police killings were directed at a particular person.

“If a person claims to be unable to be convicted of a third-class murder … If their actions are directed at a particular person, they are charged under the corrupt heart murder law of Minnesota. There are no shootings involving potential officers, “Hennepin County prosecutor Jean Badorff said in a June oral argument.

Noor testified at His 2019 trial A big bang on his police car threatened the lives of him and his partner, so he reached out from the passenger seat to the other side of his partner and fired through the driver’s window. Fischer tells the Supreme Court judge that a police officer’s “momentary reaction to a perceived threat” counts as a “corrupted heart murder,” but instead the following other accusations could be justified: “It would be very difficult to imagine,” he said. Manslaughter.

“Mohamed Nuhr did not act with a corrupt heart. Mohamed Nuhr was not indifferent to human life,” Fisher said in a discussion at the Supreme Court. “It turns out that Mr. Noor made a tragic momentary mistake, benefiting from hindsight. But if there is a meaningful difference between murder and manslaughter, that mistake is: Not enough to maintain Mr. Noor’s conviction for third-class murder. “

She said she hadn’t talked to Noor yet on Wednesday, but she knows that opinions mean a lot.

“He really believed that he was saving his partner’s life that night, but instead tragically lost his innocent life,” she said. “Of course, it’s very difficult, but I think it’s indescribable just to reaffirm that such a mistake isn’t murder.”

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Former police officer’s murder decision reversed with the death of an Australian woman | Nationwide

Source link Former police officer’s murder decision reversed with the death of an Australian woman | Nationwide

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