BKinzey wrote:

TrueTexan wrote:So the officer that did the shooting is refusing to be interviewed. If a non-LEO shoots somebody they don’t get an option to refuse to be interviewed. They would find themselves in a jail being questioned under extreme conditions. Must be nice to be a LEO and be special.

Am I missing something here? One does have the right to remain silent and ask for a lawyer.

AndyH wrote:

BKinzey wrote:

TrueTexan wrote:So the officer that did the shooting is refusing to be interviewed. If a non-LEO shoots somebody they don’t get an option to refuse to be interviewed. They would find themselves in a jail being questioned under extreme conditions. Must be nice to be a LEO and be special.

Am I missing something here? One does have the right to remain silent and ask for a lawyer.

And he did, and they did. Now we're supposed to be at the 'what comes next' part - and that usually means some sort of communication. At TT noted - how long would a civilian be allowed to keep her mouth zipped in the same situation (provided they were alive when they got to jail)?

The father of Justine Ruszczyk Damond had some biting words about the “integrity” of the state Bureau of Criminal Apprehension and the “gaps” in its investigation of his daughter’s death at the hands of Minneapolis police on July 15. In a news conference Thursday morning in Sydney, Australia, John Ruszczyk said the family is “deeply concerned about the possibility that the initial investigation was not done properly or with the greatest sense of integrity or completeness.” He implored Hennepin County Attorney Mike Freeman “to continue to pursue a rigorous investigation and examination of evidence” and said “we expect them to fill in any gaps in the BCA’s work honestly and fairly but completely.”

Ruszczyk’s comments came a week after Freeman told activists at a union event that BCA investigators “haven’t done their job” and he does not yet have enough evidence to file criminal charges against officer Mohamed Noor, who shot Damond. Noor and his partner, Matthew Harrity, responded to a 911 call from Damond about 11:30 p.m. She reported that she had heard a woman screaming in the alley and went out in her pajamas when a squad arrived. Noor, in the passenger seat, fired across the officer who was driving, fatally striking Damond in the abdomen. John Ruszczyk said the family had declined to comment “until more details of her tragedy were known.” But Freeman’s comments “now compel us to make a public statement.”

In past months, Freeman repeatedly has said he would make a charging decision before year’s end. His comments about BCA investigators were recorded by union members who are also members of Twin Cities Coalition for Justice 4 Jamar. The activists confronted Freeman about why a decision had not yet been made. On Friday, Gov. Mark Dayton defended the BCA’s work on the investigation, saying criticism is “destructive.” Freeman apologized Monday, as well, saying he was wrong to discuss the BCA’s work in a public setting. A spokesman said Freeman had no comment Wednesday. Ruszczyk acknowledged Freeman’s words but said, “He does not say that his comments about the BCA, the investigation itself, were unfounded, inaccurate or any way untrue.”

Ruszczyk recounted a meeting the family had after the shooting with BCA investigators. Don Damond, Justine’s fiancé, and a family lawyer were there, too, he said. “These officers spoke of their sympathy for our loss,” Ruszczyk said during the five-minute news conference. “They also promised a complete and rigorous investigation of Justine’s shooting. They looked me in the eye and said they were committed to getting to the truth of the event. “Now I hear that the Hennepin County attorney, to whom the BCA handed its investigative results, says that the investigation has not been done to the prosecutor’s satisfaction or even to the expected levels of accuracy and thoroughness. “What are we to think?” Ruszczyk asked. “We are apprehensive that perhaps the BCA has not fulfilled its promise.”

The BCA said in a statement Wednesday that it is “committed to conducting a fair, impartial and thorough investigation as we gather the facts and evidence in this case.” The agency said it presented the case to the Hennepin County attorney’s office on Sept. 12. “We have consulted with that office from the very beginning of this investigation and will continue to work with them as needed to provide any additional information that they deem appropriate as they review the case,” the statement said. “This ongoing collaboration between prosecutors and investigators is a typical part of the review process.” Ruszczyk also said he acknowledges the concerns of his daughter’s friends and neighbors. But, he said, “While I understand that many different groups with different agendas and views speak out often on this using Justine’s name, I want to say that only her family here in Australia and Don Damond in Minneapolis speak for Justine and her family.”

Minneapolis police officer Mohamed Noor has been charged with murder and manslaughter charges in the July shooting death of Justine Ruszczyk Damond. Noor is charged with third degree murder "perpetrating eminently dangerous act and evincing depraved mind” and second-degree manslaughter, “culpable negligence creating unreasonable risk.” County attorney Mike Freeman announced a 2:30 p.m. news conference Tuesday to discuss the case, which drew international attention and led to the ouster of former police chief Janeé Harteau. Noor was booked into Hennepin County jail at 11:16 a.m., according to jail records, on a Minnesota Bureau of Criminal Apprehension warrant for third-degree murder and second-degree manslaughter. Bail was set at $500,000.

Damond, 40, a native of Australia, was shot and killed July 15 after calling police to report a possible assault behind her south Minneapolis home. Noor was in the passenger seat and fired across his partner, Matthew Harrity, killing Damond. Hennepin County Attorney Mike Freeman said he would decide whether to charge Noor in Damond’s death, but convened a grand jury to gather additional evidence. A spokesman for Freeman declined to comment, as did Noor’s attorney Thomas Plunkett. Charges in the case unsealed Tuesday afternoon are consistent with initial information released by BCA investigators — that Harrity heard a sound coming from behind the vehicle before Noor fired, striking Damond. They reveal more details as to what happened that night:

Harrity and Noor arrived to the alley behind Damond’s home at 50th and Xerxes avenues. Their headlights were off and the computer screen dimmed, but the spotlight was on. Harrity, who was not wearing his seat belt, removed the safety hood of his holster over his gun before turning into the alley. Harrity said he heard what he believed to be a dog before reaching the rear of Damond’s home at 5024 Washburn, but did not get out of the car to investigate. He did not hear other noises. The squad car slowed to 2 mph but never stopped.

As the squad neared the end of the alley at 51st Street, nearly two minutes after arriving, Noor entered “Code 4” into the squad computer, indicating that they were safe and needed no assistance. Neither officers’ cameras were on at the time of the shooting, but both turned them on immediately afterward. Harrity began CPR, with Noor taking over afterward. Paramedics arrived at 11:49 p.m. but Damond died at the scene of a single gunshot wound to the abdomen.

While Noor has declined to give a statement, Harrity later said that before the shooting he and Noor had cleared the call and were at the end of the alley waiting for a bicyclist to pass. Harrity had replaced the safety hood on his holster and Noor had cleared the call on the computer. Five to 10 seconds later, Harrity heard a voice, a thump somewhere behind him on the squad car, “and caught a glimpse of a person’s head and shoulders outside his window.” Charges said he was not able to articulate what the noise was, how loud it was, what the person’s voice sounded like, or what the person said. He characterized it as “a muffled voice or a whisper.” He estimated the person was two feet away and he couldn’t see their hands, or weapons.

“Officer Harrity said he was startled and said ‘Oh sh*t or Oh Jesus.’ He said he perceived that his life was in danger, reached for his gun, unholstered it, and held it to his rib cage while pointing it downward. He said from the driver’s seat he had a better vantage point to determine a threat than Officer Noor would have had from the passenger seat.” Harrity then heard a sound “that sounded like a light bulb dropping on the floor and saw a flash.” After first checking to see if he had been shot, he looked to his right and saw Noor with his right arm extended toward Harrity but did not see a gun. He then looked out of his window and saw Damond, “who put her hands on a gunshot wound on the left side of her abdomen and said ‘I’m dying’ or ‘I’m dead.’” charges said.

“Officer Harrity said that once he saw the woman’s hands he believed her to no longer be a threat and he got out of the squad car.” Noor got out still armed and Harrity told him to reholster his gun and turn his body camera on. “There is no evidence that ... Officer Noor encountered, appreciated, investigated or confirmed a threat that justified the decision to use deadly force,” charges 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.”

Family reacts

Damond’s fiancé, Don Damond and his family, along with Damond’s father, John Ruszczyk and the Ruszczyk family, applauded the charges in a joint statement, calling it “one step toward justice for this iniquitous act.” “While we waited over eight months to come to this point, we are pleased with the way a grand jury and County Attorney Mike Freeman appear to have been diligent and thorough in investigating and ultimately determining that these charges are justified,” the statement said. “We remain hopeful that a strong case will be presented by the prosecutor, backed by verified and detailed forensic evidence, and that this will lead to a conviction. 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.”

Shortly after the charges were announced, Harteau tweeted that Noor’s actions were his own shouldn’t reflect on the good work of other officers. “Justine Damond’s family deserves answers and they deserve justice,” she posted from her personal account. “As I originally stated Justine didn’t have to die.” News of the charges met a mixed reaction among longtime department observers. Jess Sundin, an organizer for Twin Cities Coalition for Justice 4 Jamar, said that she was pleased with the charges, but hoped it would result in a conviction. The coalition is named for Jamar Clark, who was shot and killed during a struggle with two Minneapolis police officers in 2014. The officers were not charged. “My hope would be that first we see a serious prosecution, we don’t see the case mishandled, and that Justine Damond and her family get justice through the criminal justice system,” she said.

A message left for the union that represents the city’s roughly 880 rank-and-file officers went unreturned Tuesday morning, and department officials didn’t immediately respond to a request for comment. The continued investigation also caused racial tension in the ranks of the Police Department. Frustration boiled over last fall after someone scrawled an ominous message on a white board in a south Minneapolis police station that some interpreted as a threat against a well-known Somali-American detective. A spokesperson said at the time that the department looked into the matter, before finding that it amounted to nothing more than “office banter.” And a sergeant in the 2nd Precinct came under investigation earlier this month after he made disparaging comments about Somalis on his personal Facebook page.

The Somali Police Officers Association has declined repeated requests for comment.

The family of a woman shot and killed by a Minneapolis police officer has reached a $20 million settlement with the city, according to Mayor Jacob Frey.

Former Minneapolis police Officer Mohamed Noor was found guilty Tuesday of third-degree murder and manslaughter in the fatal July 2017 shooting of Justine Ruszczyk, who had called 911 to report a possible assault in the alley behind her home.
Frey announced the settlement -- the biggest in the city's history, according to a spokesman for the mayor -- in a news conference Friday. Of the $20 million, $18 million will go to the Ruszczyk family and $2 million will be donated to a fund for safe communities at the Minneapolis Foundation, Frey said. "This is not a victory for anyone, but rather a way for our city to move forward," Frey said. "I do believe that we will move forward together, united in the shared belief that such a tragedy should never occur in our city."

Robert Bennett, an attorney for Ruszczyk's family, said the settlement came as a result of private mediation.
"It required good faith negotiations on everyone's part, and frank discussions between my clients, the mayor, the city attorney, representatives of the city council, the chief of police," Bennett said. He added that Ruszczyk's family "would only agree to settle this case if the amount of the settlement itself was transformational," marking a mandate for reform within the police department. "This is an unmistakable message to change the Minneapolis Police Department in ways that will help all of its communities," Bennett said, adding that since Ruszczyk's death, there have been "many positive changes" in city leadership, including the mayor and the chief of police.

Based on the mediation, Bennett said, Ruszczyk's family feels the change will continue. "But if it does not," the attorney added, "the $20 million settlement serves as a marker for future transgressions." The conviction of Noor, a Somali-American, raised questions about the role that gender and race played in the case -- and the settlement has raised more eyebrows. At Friday's news conference, Bennett dismissed questions about whether race played a factor in the size of the settlement, telling reporters, "I don't think it did." "I think the actions of Mohamed Noor were the things that were terrible and wrongful and unconstitutional and criminal," he said.

Former Minneapolis police Officer Mohamed Noor was sentenced to 12½ years in prison for the fatal shooting of a woman while responding to her 911 call, a judge announced Friday in court. Noor spoke in court to apologize to the family of Justine Ruszczyk, the woman he shot, saying he will think of her every day.

The state asked for 150 months, while Noor's attorneys requested a probationary sentence.
"Good people sometimes do bad things," Judge Kathryn Quaintance said before announcing the sentence. She gave Noor credit for 41 days served and fined him $6,000.

Noor's attorney, Peter Wold, told the court that "there is no dispute that Noor reacted based on fear in the split seconds he reacted and shot Ms. Ruszczyk that night."
But Hennepin County prosecutors argued that Noor overreacted and failed to assess the situation properly before firing.

He has appealed the conviction, WCCO reported.

The settlement will drain the city’s self-insurance fund, which the city previously projected to have $27.1 million by the end of the year. Over the next few months, the city will develop a plan to replenish its reserves, said Minneapolis Chief Financial Officer Mark Ruff.