In July, 2017 joint Australian/American citizen Justine Damond made a 911 call in the early hours of the morning when she heard noises from an alley behind her Minneapolis home that seemed consistent with a sexual assault. Clad in pyjamas, this forty year old life coach approached the police patrol car that arrived and one of the police officers inexplicably leaned across the driver and fired a shot, killing her instantly.
That policeman was Mohamad Noor, a 33 year old who immediately claimed his rights and refused to be interviewed. His partner, Mathew Harrity who was driving the car, reported he heard a voice, heard a thump and glimpsed someone outside his window. He looked over to see Noor had fired a shot past him, through the cars side window and that shot hit Damond.
Nearly two years later this case is going to trial. Noor was fired from the Minnesota police force and that dismissal is under appeal. He faces charges of second degree intentional murder, third degree murder and second degree manslaughter. The most serious charge - second degree murder - carries a presumptive sentence of twenty-five years in prison.
Both the prosecution and the defence know this will be a challenging trial. The law in America allows police officers to use deadly force to protect them or their partners from death or great bodily harm. However, prosecutors have said there was no evidence that Noor faced such a threat. His lawyer will claim he acted reasonably in self defence.
The combined police unions in American will be watching this case closely. A police career in the United States is a very dangerous occupation because of the prevalence of guns in the hands of its citizens. In police shootings the benefit of the doubt usually is exercised heavily in favour of the police and most shootings end with the police action being justified.
The statistics are not encouraging. They show that since 2015 American police have shot and killed between 900 and 1000 people each year, but only 98 city police officers have been charged with murder or manslaughter in cases of on duty shooting. Of these, only 35 have been convicted and often for far lesser offences.
Only three officers have been convicted of murder and four others have had their convictions overturned on appeal. There is speculation that whatever verdict is reached in the Noor case, it will be heavily and repeatedly subjected to appeals funded by various police associations. The police jealously guard their rights to use force on the dangerous streets of America.
Justine Damond's family await the outcome of this court case. Her father has file a $50 million lawsuit alleging his daughters civil rights were violated, but this will be put on hold until the criminal trial is concluded. That final outcome may be many years into the future.
No comments:
Post a Comment