The partner of the Minneapolis police officer who fatally shot Justine Damond Saturday night told investigators that he heard a loud noise near their squad vehicle before the shooting, according to a news release issued Tuesday by the Minnesota Bureau of Criminal Apprehension.
Officer Matthew Harrity, who was driving the squad vehicle at the time of the shooting, told BCA interviewers on Tuesday that he and his partner, officer Mohamed Noor, responded about 11:30 p.m. to a 911 report of an assault in the alley between Washburn and Xerxes avenues in south Minneapolis.
As they were driving down the alley in search of a suspect with their squad lights off, Harrity was startled by a loud sound near their vehicle, according to the BCA news release.
Immediately afterward (Damond) approached the drivers side window of the squad, the news release said. Harrity indicated that Officer Noor discharged his weapon, striking (Damond) through the open drivers side window.
Noor declined to be interviewed by BCA investigators, according to the news release. Officer Noors attorney did not provide clarification on when, if ever, an interview would be possible, the release said.
After the shooting, the officers exited their vehicle and provided first aid to Damond, who died at the scene of a single gunshot wound to her abdomen, according to the release. No weapons were recovered at the scene.
Harrity told investigators that he saw a white male aged 18 to 25 bicycling past the scene at the time of the shooting. The cyclist stopped and watched while the officers provided first aid to Damond. BCA agents would like to speak with the man, and anyone else who might have witnessed the shooting. The BCA asked any witnesses to call 651-793-7000.
Both officers body-worn cameras and their squad vehicle camera were off during the shooting.
The BCA said that, while it is investigating the shooting at the request of the Minneapolis Police Department, it is not investigating whether the officers violated department policy with regard to these cameras.
That review will be conducted by the Minneapolis Police Departments internal affairs unit, the news release said.
During a news conference at Minneapolis City Hall on Tuesday evening, Minneapolis Mayor Betsy Hodges called body cameras a powerful, but not infallible tool.
Assistant Minneapolis Police Chief Mederia Arradondo told reporters his department was in the process of rolling out its body camera program and continues to update its policies on this technology. He said the program will not be fully implemented for another eight months.
Noor has been with the department for 21 months, while Harrity has been with the department for 12. Both officers are on standard administrative leave.
It was Damond, a 40-year-old yoga instructor from Australia, who had placed the 911 call that summoned Harrity and Noor to her neighborhood after hearing what she believed was an assault near her home on the 5000 Block of Washburn Avenue South.
PACE OF PUBLIC UPDATES FRUSTRATING
Hodges and Damonds family have expressed frustration with the pace at which information about the shooting has been released.
During the news conference Tuesday, Hodges said she has urged the BCA to quickly share as much information with the public as possible without compromising their investigation.
She said she learned the importance of transparency in the aftermath of officer-involved-shootings during the investigation into the 2015 fatal shooting of Jamar Clark by a Minneapolis police officer.
Australian Prime Minister Malcolm Turnbull gave an interview Wednesday to Australias Today show, shortly before the release of details from the BCAs preliminary investigation. Turnbull joined the chorus demanding answers about what happened.
How can a woman out in the street in her pajamas seeking assistance from police be shot like that? It is a shocking killing, Turnbull said. Damonds shooting has been front-page news in Australia.
Minneapolis City Attorney Susan Segal said a transcript of Damonds 911 call was being prepared, and it will be released publicly after being shared with her family.
WILL OFFICER TALK?
Hodges said she hopes Noor will speak to BCA investigators, adding that he has a story to tell that no one else can tell.
We cannot compel Officer Noor to make a statement, Hodges said. I wish we could. I wish that he would make a statement.
David Klinger, a criminal justice professor at the University of Missouri-St. Louis, said police officers cant be compelled to testify in an outside investigation.
Police officers are citizens they have the same Fifth Amendment right as anyone. They dont have to give a statement, Klinger said. His lawyer might be saying, youre not going to talk until I feel youre rested and not under stress.
3 COMPLAINTS AGAINST OFFICER
Records from the the Minneapolis Office of Police Conduct Review show Noor has had three complaints against him. Two are pending, and the third was dismissed without discipline. Under state law, details of open cases and cases that result in no discipline are not released.
Noor was also sued earlier this year after a May 25 incident in which he and other officers took a woman to the hospital for an apparent mental health crisis.
The lawsuit claims Noor and other officers violated the womans rights when they entered her home without permission and Noor grabbed her wrist and upper arm. The lawsuit, which is pending, said Noor relaxed his grip when the woman said she had a previous shoulder injury.
Several official reports, including Tuesdays BCA statement, identify Damond as Justine Ruszczyk, but she had begun using her fiances last name professionally ahead of their planned August wedding.
Damond is one of at least 547 people fatally shot by police in the United States this year, according to a Washington Post database tracking such deaths. She is the 23rd woman listed in the newspapers database this year.
#1: goldilucky To: Deckard (#0)
goldilucky posted on 2017-07-22 23:35:19 Reply Private Reply
#2: Hondo68 To: goldilucky, premeditated murder 1 (#1)
A video recording might screw up their premeditated murder 1 story that they were "ambushed".
Hondo68 posted on 2017-07-23 00:14:36 Reply Private Reply
#3: A K A Stone To: hondo68 (#2)
A K A Stone posted on 2017-07-23 00:44:15 Reply Private Reply
#4: goldilucky To: hondo68 (#2)
Somebody needs to address this to the city of the Mpls Mayors office because they enforce city ordinances and work with the city police commissioner on a daily basis. Furthermore, Mpls police serve city government officials not the public so they have some answers they need to provide to the city mayor on this. Until city government officials start enforcing the use of cameras (which means turning the damn things on), they can expect to be sued both in their official and individual capacities by class action suits brought on by private citizens of the slain.
goldilucky posted on 2017-07-23 01:58:08 Reply Private Reply
#5: A K A Stone To: goldilucky (#4)
A K A Stone posted on 2017-07-23 03:19:37 Reply Private Reply
#6: goldilucky To: A K A Stone (#5)
goldilucky posted on 2017-07-23 13:00:59 Reply Private Reply
#7: A K A Stone To: goldilucky (#6)
I'm not excusing their misdeed. I'm just saying they didn't plan to go kill someone like the kook said.
A K A Stone posted on 2017-07-23 14:17:19 Reply Private Reply
#8: goldilucky To: A K A Stone (#7)
You don't know that for sure. Where is the video coverage of this? It's funny how cops want to use video coverage at their own disposal for cya reasons but when it doesn't serve their purpose to keep the cameras on there is a huge legal issue. It's called unequal protection of the law per the Fourteenth Amendment. The same laws afforded to protect allegedly "law enforcement" do not serve for the same reasons on its citizenry.
goldilucky posted on 2017-07-23 14:29:59 Reply Private Reply
#9: Liberator To: goldilucky, Deckard (#1)
Just ONE of many million dollar questions.
AND...after consulting with several "War Room" fiction-writers, the fairy-tale cover-up and scripts begin.
Liberator posted on 2017-07-23 15:14:17 Reply Private Reply
#10: Liberator To: hondo68, AKA Stone (#2)
Anything is possible.
However, we have a raw AA Somali Jihadist wearing a badge, shooting a white woman point blank, whizzing the bullet inches past his partner. Do you *really* think the partner would have accepted *that* part of the "premeditated" assassination?
Liberator posted on 2017-07-23 15:17:41 Reply Private Reply
#11: Liberator To: goldilucky, hondo68 (#4)
In their defense, if nothing much is imminent, why turn it on?
In a sense it deprives the LE of personal privacy. At what job is your every word and gesture recorded for all posterity?
Liberator posted on 2017-07-23 15:20:19 Reply Private Reply
#12: Liberator To: A K A Stone, goldilucky, hondo68 (#7)
I guess the question that would need to be asked was whether *either one* of the two cops had EVER met or had any words with this murdered woman PRIOR TO the barbarian Somali jihadist's enforcement of Minnesota's new Sharia Law.
Liberator posted on 2017-07-23 15:24:41 Reply Private Reply
#13: Hondo68 To: Liberator. Sharia LEO (#10)
Who could have guessed that a Somali Jihadi would be so trigger happy? /s
Hondo68 posted on 2017-07-23 16:42:36 Reply Private Reply
#14: Liberator To: hondo68 (#13)
The nation was SHOCKED! Shocked I tell you!!
That's Germany/France/EU immediate LE future.
Liberator posted on 2017-07-23 16:54:36 Reply Private Reply
#15: goldilucky To: Liberator (#11)
Personal privacy is not the legal issue here at all. County municipality custom and policy of that police department is the issue.
At what job is your every word and gesture recorded for all posterity?
The moment you are pulled over by a cop everything you say and do is being recorded.
goldilucky posted on 2017-07-23 17:46:18 Reply Private Reply
#16: misterwhite To: goldilucky (#15)
Do they have to have it on in the bathroom? Can a private employer require employees to wear a camera while at work?
misterwhite posted on 2017-07-23 18:46:16 Reply Private Reply
#17: goldilucky To: misterwhite (#16)
Under a reasonable man principle, most courts would answer "No" to this question because of the issue surrounding privacy laws.
Can a private employer require employees to wear a camera while at work?
Yes they can but it would have to be in compliance with the State law and not just limited to the work setting referring to customs and policies alone. Customs and policies are key words in this matter because of the legalities of respondeat superior and vicarious liability claims (which would correlate to their official capacity status) to that of colorable state and federal law (individual capacity status).
goldilucky posted on 2017-07-23 19:07:02 Reply Private Reply
#18: misterwhite To: goldilucky (#17)
misterwhite posted on 2017-07-23 19:16:24 Reply Private Reply
#19: A K A Stone To: misterwhite (#18)
A K A Stone posted on 2017-07-23 19:26:06 Reply Private Reply
#20: goldilucky To: misterwhite (#18)
goldilucky posted on 2017-07-23 20:37:26 Reply Private Reply
#21: Liberator To: goldilucky (#15)
I get all that. Two different issues.
I'm trying to look at this from human/common sense perspective.
Q: Should every cop's ENTIRE shift, every secord be recorded?
Liberator posted on 2017-07-27 10:28:14 Reply Private Reply
#22: Deckard To: Liberator, goldilucky (#21)
Every interaction with the public should be recorded and the cameras need to have an automatic activate feature.
Far too many of these cops are "accidentally" forgetting to turn the cameras on.
In addition, citizens have the
rightduty to record every encounter with cops.Deckard posted on 2017-07-27 10:39:51 Reply Private Reply
#23: Liberator To: Deckard, goldilucky (#22)
THAT is a different equation.
Liberator posted on 2017-07-27 11:12:58 Reply Private Reply