The man who killed Justine Damond — the 40-year-old Australian yoga instructor who was gunned down by a Muslim Minneapolis police officer, Mohamed Noor, for reasons that are still largely unknown — may never face any legal charges.
Because of a loophole in the law called the Garrity Warning.
This is such an outrageous case. But the fact this officer may skate ratchets it to a new level of outrage.
The U.S. police officer who shot dead Australian woman Justine Damond as she stood on a driveway outside her home may never face criminal charges.
Rookie cop Mohamed Noor is maintaining his silence and continues to exercise his legal right not to be interviewed by investigators probing Ms Damond’s death.
However, when the shooting becomes the subject of an internal police investigation, Noor will be compelled to provide statement or face the sack from the force.
The only catch is, any statement he provides during the internal investigation cannot be used in a criminal case due to a legal technicality, the Star Tribune reports.
The law is known as the Garrity Warning in Minnesota, and means that public employees under internal investigation are given the option to provide information or face disciplinary action.
‘Because you are being required to provide information under the threat of disciplinary action, the information you provide, and any evidence resulting from the information you provide, cannot and will not be used against you in any subsequent criminal proceeding,’ the warning reads.
A number of unrelated felony criminal cases in America are reportedly relying on the same law to have their client’s cases thrown out, claiming prosecutors used internal interviews to build up their own cases.
Damond was shot and kiled by Noor on July 15.
She had called police around 11:30 p.m. because she had heard a woman’s screams. When police arrived, she approached the vehicle. And that’s when Noor shot her, the bullet flying right past his partner in the car to hit Damond in the stomach.
Neither officer had their body cameras on at the time of the shooting.
Again, from the Daily Mail:
A Bureau of Criminal Apprehension statement said Officer Harrity heard a loud noise before Ms Damond was killed.
There is a suggestion that the Australian woman may have ‘slapped’ the car and startled him before she was shot.
A Minnesota Bureau of Criminal Apprehension search warrant, obtained by Minnesota Public Radio, doesn’t specifically name Ms Damond.
It says, ‘upon police arrival, a female ”slaps” the back of the patrol squad… After that, it is unknown to BCA agents what exactly happened, but the female became deceased in the alley.’