[ad_1]
The jurors found him not guilty of second degree murder after about 11 hours of deliberation.
After a trial that lasted more than three weeks, here is a summary of what happened and what could follow.
Noor's belief is historic in Minnesota.
This case is the second time that a police officer is accused of killing someone in the performance of his duties and is presumed to be the first of those convictions.
The last time an officer was accused of killing on duty was Jeronimo Yanez in the fatal assassination of Philando Castile in 2016. A jury found Yanez not guilty of all charges in 2017. Nationally, it is rare for an officer to face charges of murder committed in service – and a conviction is virtually unknown.
Ruszczyk called 911 on the evening of July 15, 2017. She was then shot.
Ruszczyk called the police twice that night – once to report a possible attack and then to locate the agents.
When they arrived on the scene, Noor and his partner, Matthew Harrity, went to a south alley in Minneapolis, the lights of their squad car off. They drove slowly and quietly. Then, said Harrity, he heard a "thud" and a "whisper". Ruszczyk has approached agents on the driver's side of their vehicle. Noor fired his gun; Ruszczyk was declared dead on the scene.
The case depended on whether Ruszczyk was a deadly threat to the officers.
Police have ample legal latitude to use lethal force in Minnesota. In this case, the question is whether Noor was using lethal force to protect himself or his partner from "apparent death or serious bodily harm," authorized by Minnesota law. Noor testified that he had shot to protect Harrity, his partner. Noor repeatedly stated that he feared for his partner's life.
Prosecutors argued that Ruszczyk could not have been considered a threat in approaching the unarmed police vehicle in pink pajamas. Noor's defense team stated that there was a thud on the squad car followed by a raised-arm figure appearing outside the driver's door, which they said was a threat.
The jury was charged with three counts: second degree murder, third degree murder and second degree manslaughter.
For each count, the jury had to decide unanimously whether or not he thought Noor was guilty or not guilty. Each charge of which Noor was the victim resulted in the death of Ruszczyk, but the three counts include different elements:
• Second degree murder means killing someone intentionally, but without premeditation.
• Third degree murder includes acting with a "depraved mind" – shooting without knowing the target – and "without regard for human life" by causing the death of someone, but without intent to kill him or her. make.
• Second-degree manslaughter is an act of negligence that creates an "unreasonable risk" in acts that cause death.
The jury worked with seven pages of instructions during its deliberations.
Judge Kathryn Quaintance of Hennepin District instructed the jury of 10 men and two women before their deliberations began Monday afternoon. These instructions described what the jurors had to find in order to decide Noor's fate.
In total, the jurors deliberated about 11 hours. They were sequestrated all the time, staying in a hotel room in Minneapolis rather than going home at night between the days they deliberated.
Federal prosecutions of the Ruszczyk family can now continue.
The trial was stopped while criminal proceedings were pending against Noor. Now that the lawsuit is over, the family can continue its lawsuit against Noor, his partner Harrity, the former Minneapolis Police Chief, Janee Harteau, the current Chief Medaria Arradondo and the City of Minneapolis. The family is claiming millions of dollars in damages for what it considers to be a violation of Ruszczyk's civil rights.
JaneAnne Murray, a law professor at the University of Minnesota, said the convictions could help Ruszczyk's family to advocate for a larger settlement.
Noor could still appeal the decision.
Although Noor was threatened out of the handcuffed court room after reading the verdict on Tuesday, his defense team could appeal.
It's not clear if Quaintance would let him out of bail while a call is pending. However, on Tuesday, she rejected a defense request authorizing Noor to remain on bail because of the seriousness of the crime.
She set the penalty for June 7 at 9 o'clock.
This story was originally published on: https://www.mprnews.org/story/2019/04/30/noor-guilty-ruszczyk-trial-verdict-next-steps
[ad_2]
Source link