No justice for Justine Damond? Legal loophole means police officer who shot Australian woman dead may never face criminal charges

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.

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  • Tom Forsythe

    It isn’t a legal technicality, it is the Fifth Amendment. If the statement is not given voluntarily, it can’t be used against you in a criminal case, period.

    Obviously, this guy has not business being a cop, and should be fired. But, as in the Castille case, I don’t think there was any criminal intent, just stupidity.

    • canminuteman

      The average IQ in Somalia is 68. That would be considered “intellectually challenged” in Canada.

      • Tom Forsythe

        Fair enough, but the variability of IQ within a country is much higher than the variability of IQ between countries. It is impossible to guess a person’s IQ, based solely on race or country of origin.

        • canminuteman

          This is true, but on average, anyone you meet is likely average, so this guy is likely average.

          • Brett_McS

            Two standard deviations (2×15=30 IQ points) would bring him to almost triple digits up from the Somalian average. That would imply he’s in the top 2.5% of Somalis.

          • Tom Forsythe

            Have you talked to a lot of cops? Great guys, but not intellectual giants.

  • ontario john

    Well, at least he is not getting 10 million dollars and an apology.

    • Maggat

      Well, not yet.

  • DaninVan

    Tom; manslaughter doesn’t require ‘Intent’.

    https://www.law.cornell.edu/wex/manslaughter
    His testimony before an inquiry shouldn’t be necessary in any case, It’s not like there’s insufficient evidence of his guilt; let a court/jury decide.
    (Maybe he WANTS to tell his side…without protection?)

    • Tom Forsythe

      Not true. The level of mens rea required for a manslaughter charge is lower than that for murder, but it is still an element of the crime.

      In this case, you would need to prove that the defendant knew his actions were wrong, at the time he pulled the trigger. And that may very well be the case. I am NOT prejudging this case.

      You don’t have to prove malice, as you would in a murder case, but you still have to prove that, in the instant he pulled the trigger, he KNEW he did not have a lawful reason to do so.

  • DaninVan

    I should also have said that if it were you or I, we’d have been booked and charged

    within hours.

    Wait for the wailing to start if they DO charge the pr*ck….. *lips are sealed*

  • Observer

    If they don’t try him in a Sharia court do you want to bet the Somali community will riot?

    • Observer

      I really should have put “court” in quotes as the Sharia has nothing to do with justice as we understand it in modern western terms and everything to do with Islamic supremacy.

  • Dana Garcia

    Why do I think the city would love an excuse not to try the somali for manslaughter?

    • Alain

      Conducting a search of the late woman’s residence as they did is another clue.

      • Dana Garcia

        Yes, indeed. Blaming a dead victim is convenient because there’s no argument.

  • QiPo

    And so the Long Miserable March continues. islam and Western world views collide yet again. We try to make islamists into something they cannot be by also sacrificing our own people to the Molach inspired masses. Meanwhile, our friends and neighbors bleed out sometimes alone, sometimes in groups. And now we even continue to give them power over us and a weapon to boot. They cannot and will not be us until they rid themselves of their own cancer.

  • Mirticiaa

    Disgusting sharia law in effect
    A Muslim cop can murder
    With no investigation or charges

  • DaninVan

    Not being American, I’m not clear on how this works(?). Wouldn’t it be up to the State to prosecute him? I can’t see how the City could try him; they’re his employer!
    To be honest i can’t even see how the City’s Police Dep’t could be involved; that’s a clear conflict. Here in BC, a situation like that would be investigated by another Police Dep’t entirely.

    http://iiobc.ca/agency/

  • Jaedo Drax

    The US attorney should charge him forthwith with depraved indifference to human life. it doesn’t hinge on his statement. In fact, the prosecutor doesn’t need a statement one way or the other, and would probably be helped by motioning to suppress his statement. He demonstrated extreme recklessness by: having his firearm in his hand/lap, rather than his holster where it belongs, and by firing his weapon through the drivers side window, without a clear target and/or reasonably identifiable threat.

    • DaninVan

      Thanks for the clarification, Jaedo.
      Does the US atty. represent the Federal Gov’t., or is he/she a representative of the State? (sounds like the Feds but just want to clarify.)

      • Jaedo Drax

        Yes, works for Department of Justice (feds). The District Attorneys work for the state attorney general, in this case, she is from the Democrat Farm Labor party.

        Additionally, there is also the possibility of a civil case against the officer, and a large list of other possible defendants which may include, the former chief, the mayor, the department, his training officers, the program that he was entered through, the city, etc.

  • Hard Little Machine

    Federal civil rights case against the city. Followed by a 1 billion dollar civil suit. Followed by a 1 billion dollar civil suit against he cop personally.

  • J. C.

    Start a rumour that this Somali cop has damning information on the Clintons…

    He’ll be dead by Labour Day! 😉

  • Gary

    So cops can now murder muslims????
    yahoo!!!

  • Everyone Else

    Two words: Police Union

  • Dave

    “may never face criminal charges” but with some luck will face some street justice.