Ex-officer seeks lightest sentence in 911 caller’s death
MINNEAPOLIS — Attorneys for the former Minneapolis police officer who fatally shot a woman who called 911 to report a possible rape behind her home are asking a judge to sentence him to 41 months on a manslaughter charge, the lightest penalty recommended under state sentencing guidelines, according to court documents.
Mohamed Noor was initially convicted of third-degree murder and manslaughter in the 2017 death of Justine Ruszczyk Damond, a dual U.S.-Australian citizen. He was sentenced to 12½ years on the murder count, but last month the state Supreme Court tossed out Noor’s murder conviction and sentence, saying the thirddegree murder statute didn’t fit the facts of the case.
Noor is still convicted of second-degree manslaughter and will be sentenced on that count Oct. 21. Sentencing guidelines call for a range of anywhere from 41 to 57 months, with the presumptive sentence being four years.
Noor was taken into custody on April 30, 2019, and has already served more than 29 months. In Minnesota, defendants with good behavior typically serve two-thirds of their sentence in prison, and the rest on supervised release. If Noor receives the presumptive four years for manslaughter, he could be eligible for supervised release around the end of this year.
If the judge agrees with the defense and sentences Noor to 41 months, his release could be imminent.
Prosecutors haven’t said what sentence they will seek.
Noor’s attorneys argue that a 41-month-sentence recognizes the “particularly harsh” nature of Noor’s incarceration, as well as the good behavior he has shown in prison.
Attorneys Tom Plunkett and Peter Wold wrote that by the time Noor is sentenced, he will have served 110 days in administrative segregation in Minnesota’s only maximum security prison.
Noor testified in his 2019 trial that a loud bang on his squad car made him fear for his and his partner’s life, so he reached across his partner from the passenger seat and fired through the driver’s window. His attorneys have said he believed he was saving his partner’s life.