MINNEAPOLIS (AP) - A Minneapolis police officer was charged Tuesday with murder and manslaughter in the fatal shooting of an unarmed Australian woman in July minutes after she called 911 to report a possible sexual assault behind her home.
Officer Mohamed Noor turned himself in after a warrant was issued for his arrest. He shot Justine Ruszczyk Damond, a 40-year-old life coach, on July 15. Damond's death drew international attention, cost the police chief her job and forced major revisions to the department's policy on body cameras.
Hennepin County Attorney Mike Freeman said the law makes it difficult to charge police officers unless they are "unacceptably reckless." He said, "I agree with that."
However, he added: "Clearly Officer Noor violated the rules and deserves to be charged."
Noor is charged with third-degree murder "for perpetrating an eminently dangerous act" and with second-degree manslaughter for "culpable negligence creating unreasonable risk." The murder charge is for a death caused without intent. Prosecutors often charge multiple counts if applicable to give the jury options, or to use as bargaining tools during plea negotiations.
Conviction on the first charge carries a presumptive sentence of 12 years; the second, four years. Bail was set at $500,000.
Noor has not spoken publicly about the case and declined to answer questions from investigators. His attorney, Thomas Plunkett, said Noor shouldn't have been charged.
"The facts will show that Officer Noor acted as he has been trained and consistent with established departmental policy. Officer Noor should not have been charged with any crime," he said in a statement.
Noor, who had been on paid leave since the shooting, was fired from the police force Tuesday.
Damond's father, John Ruszcyzk, and her fiance, Don Damond, issued a joint statement saying the decision to charge Noor was "one step toward justice for this iniquitous act."
"No charges can bring our Justine back. However, justice demands accountability for those responsible for recklessly killing the fellow citizens they are sworn to protect, and today's actions reflect that," the statement said.
Noor's partner the night of the shooting, Matthew Harrity, told investigators he was startled by a loud noise right before Damond approached the driver's-side window of their police SUV. Harrity, who was driving, said Noor then fired his weapon from the passenger seat. Damond died of a gunshot wound to the abdomen.
The criminal complaint said Harrity heard a voice and a thump and caught a glimpse of a person's head and shoulders outside his window
It said Harrity then heard a sound like a lightbulb breaking, saw a flash and looked to his right to see Noor with his arm extended. He then looked out his window and saw Damond with a gunshot wound. Damond put her hands on the wound and said "I'm dying" or "I'm dead."
"There is no evidence that, in that short timeframe, Officer Noor encountered, appreciated, investigated, or confirmed a threat that justified the decision to use deadly force," the criminal complaint said. "Instead, Officer Noor recklessly and intentionally fired his handgun from the passenger seat, a location at which he would have been less able than Officer Harrity to see and hear events on the other side of the squad car."
The officers did not turn on their body cameras until after the shooting, and there was no squad camera video of the incident.