UPDATE: SENTENCED 22.5 yrs! Trial of Derek Chauvin (Justice for George Floyd) Update: + 20 yrs federal!
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‘Poses Real Problems’: Ex Minneapolis Cop Has Murder Conviction Reversed and Sentencing Reduced; New Precedence Draws Concern as Derek Chauvin Seeks to Appeal His Conviction
Minneapolis’ first cop to be convicted of murder may regain his freedom sooner than anticipated. In an unprecedented turn of events, a Minnesota judge re-sentenced […]
‘Poses Real Problems’: Ex Minneapolis Cop Has Murder Conviction Reversed and Sentencing Reduced; New Precedence Draws Concern as Derek Chauvin Seeks to Appeal His Conviction
Angelina Velasquez
Mon, October 25, 2021, 11:35 AM·2 min read
Minneapolis’ first cop to be convicted of murder may regain his freedom sooner than anticipated.
In an unprecedented turn of events, a Minnesota judge re-sentenced former cop Mohamed Noor to five years in prison for manslaughter. Noor has already served 29 months behind bars, making him eligible for early release, contingent upon good behavior, as soon as June 2022.
Mohamed Noor (R) and Derek Chauvin (L) are both disgraced Minneapolis officers convicted of murders. (Photos: Hennepin County Sheriffs Department)
In June 2019, Noor was originally charged and sentenced for third-degree murder and third- degree manslaughter in the fatal shooting of 911 caller Justine Ruszcyk Damond — an Australian-American citizen who called authorities in July 2017 to report what she believed to be a possible rape occurring near her residence.
When Noor and his partner, Officer Matthew Harrity, arrived on the scene, Damond ran to the patrol car for help. A startled Noor responded by shooting past his partner and fatally wounding the 40-year-old in the abdomen. When he was sentenced, the presiding judge said he showed a generalized indifference to human life.”
But in September of this year the Minnesota Supreme Court reversed the manslaughter ruling that would have removed Noor from society for a minimum of eight years and a maximum of 12.5 years.
The overturned conviction draws questions of what could happen to fellow disgraced Minneapolis cop Derek Chauvin, who was convicted in April in the May 2020 death of George Floyd, a Black man.
“Chauvin will likely have his decision reversed because it is legally incompatible to say that someone is guilty of intentionally doing something and at the same time they’re guilty of unintentionally doing something,” said criminal defense attorney Andrew Wilson to VICE News.
Chauvin, a white cop, was found guilty of second-degree unintentional murder, third-degree murder and second-degree manslaughter in the fatal arrest of Floyd. He was sentenced to 22.5 years in prison. While the former cop plans to appeal his conviction, Wilson does not foresee a similar outcome to that of Noor.
“I don’t think it’s going to result in a reduction of his sentence,” Wilson said. “But I do think it poses real problems for that conviction to stand against him. So on appeal, they might get a reversal of that conviction.”
Derek Chauvin Could Get His Conviction Reversed Because of This Cop’s Case
Derek Chauvin’s third-degree murder conviction is up in the air because of fellow cop Mohamed Noor’s recently overturned murder conviction.
www.vice.com
Derek Chauvin Could Get His Conviction Reversed Because of This Cop’s Case
Derek Chauvin’s third-degree murder conviction is up in the air because of fellow cop Mohamed Noor’s recently overturned murder conviction.
TD
By Trone Dowd
September 16, 2021, 3:13pm
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Former Minneapolis police officer Mohamed Noor was supposed to spend 12 and a half years in prison after he shot and killed an unarmed Australian woman who’d called 911 to report what she suspected to be a sexual assault.
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But the Minnesota Supreme Court just reversed his murder conviction, the first in the state for a police officer—and the decision could end up overturning a murder change against another infamous officer as well: Derek Chauvin.
The state’s highest court ruled Wednesday that the third-degree murder charge against Noor in the shooting of Justine Ruszczyk Damond should no longer stand because he didn’t intend to harm anyone else who was present at the time of the shooting. The decision will not only shorten Noor’s sentence by eight years, it will likely reverse the third-degree murder charge against Chauvin, who was convicted of murdering George Floyd on multiple accounts in April.
“Chauvin will likely have his decision reversed because it is legally incompatible to say that someone is guilty of intentionally doing something and at the same time they’re guilty of unintentionally doing something,” Andrew Wilson, a partner at Wilson Criminal Defense in Minneapolis, told VICE News.
Noor, who began serving time in June 2019, is already 28 months into his original 12-year prison sentence. He was convicted for third-degree manslaughter and third-degree murder in the death of Damond.
In July 2017, Damond called 911 after hearing someone screaming for help and suspecting that a sexual assault was taking place. When Noor and his partner Matthew Harrity arrived on the scene, Noor was startled by Damond, who approached the two officers in their car. Noor fired his gun and hit Damond in the abdomen.
With his most severe charge of third-degree murder reversed, Noor will be re-sentenced to just four years in prison for the still-standing manslaughter charge. And when that happens, Noor could be a free man in as little as three-and-a-half months as Minnesota only requires inmates to serve two-thirds of their time before they’re eligible for supervised release.
The Minnesota Supreme Court’s ruling stems from whether or not Noor acted with “a generalized indifference to human life”—as third-degree murder requires in the state—when he fired his gun and killed Damond in 2017. The state Court of Appeals ruled that he did earlier this year, but the state Supreme Court disagreed because he only intended to inflict harm toward Damond with his reckless actions.
Earlier this year, Minnesota prosecutors and the defense couldn’t agree whether Chauvin should face a third-degree murder charge after kneeling on Floyd’s neck for more than nine minutes. The main point of contention was whether the criteria for third-degree charges applied to the circumstances around Chauvin’s actions that day.
But a court eventually decided in March that the charges should stand against Chauvin—and cited Noor’s case as precedent.
Now that Minnesota’s highest court says Noor shouldn’t have been charged with third-degree murder as his conduct was intended to affect a single person, Chauvin’s third-degree murder charge could be in jeopardy for the same reason. A reversal, however, likely wouldn’t decrease Chauvin’s sentence because he was sentenced based on his other, more serious charges. (Noor will serve less time because third-degree murder was his most serious charge.)
“I don’t think it’s going to result in a reduction of his sentence,” Wilson said. “But I do think it poses real problems for that conviction to stand against him. So on appeal, they might get a reversal of that conviction.”
But even if Chauvin’s sentence goes unaffected by the state Supreme Court’s decision, he’s not through yet. Chauvin still faces federal civil charges alongside the three other former Minnesota police officers implicated in George Floyd’s death. On Tuesday, all three of them pleaded not guilty in Minnesota federal court.
Chauvin also faces two federal civil counts of deprivation of rights under color of law in connection to a 2017 encounter with a 14-year-old Black boy, in which the former cop struck the teen with a flashlight, applied a neck restraint until he passed out, and used his knee to pin him to the ground for 17 minutes as the teen’s mother looked on. He pleaded not guilty to these charges on Thursday.
Oh he's fucked for life.
Dude plead guilty to multiple federal charges. He was too scared to go to trial.
His partners are goyng to federal trial before the state charges them.
Theyre all fucked.
Dude plead guilty to multiple federal charges. He was too scared to go to trial.
His partners are goyng to federal trial before the state charges them.
Theyre all fucked.
And it all seemed like just another day at the office to them.
EXPLAINER: What's next after Derek Chauvin's guilty plea?
Former Minneapolis police Officer Derek Chauvin has pleaded guilty to a federal count alleging he willfully deprived George Floyd of his rights during the May 25, 2020, arrest that led to the Black man’s death.
apnews.com
Derek Chauvin Pleads Guilty to Violating George Floyd’s Rights (Published 2021)
A federal prosecutor said he would ask a judge to sentence Mr. Chauvin, a former Minneapolis police officer, to 25 years in prison, extending his state prison term by two and a half years.
It seems he did this to negotiate his federal sentence to between 20 and 25 years, while seeking an agreement to allow him to serve it concurrently with his state sentence of 22.5 years. Long story short, he could be out in as little as 17 years with time served and good behavior. Be a free man in plenty of time to pass down his racism to the grand kids.
Damn it.
George Floyd’s Niece Shot In Home
A 4-year-old girl is recovering after she was shot in a Houston apartment on New Year's Day. Arianna Delane's family stated that 4-year-old Arianna Delane was shot in her sleep when someone opened fire into her apartment on New Year's Day
If they ain’t killing us, we try to do the job for them.
A 4-year-old girl is recovering after she was shot in a Houston apartment on New Year's Day. Arianna Delane's family stated that 4-year-old Arianna Delane was shot in her sleep when someone opened fire into her apartment on New Year's Day
If they ain’t killing us, we try to do the job for them.
Was there a state trial for these three?
Nevermind, I have my answer. Our judicial system stinks.
So the other officers have not stood trial, state or federal, yet?
Federal starts today. State trial is anywhere between March 14 - January 9, 2023 Make it make sense.
Sista breaks it down in this interview.
Day 6: MPD inspector wraps 3-day testimony; Hennepin Co. medical examiner takes stand
Inspector Katie Blackwell ended her three-day testimony about use-of-force training, and was followed by Hennepin County Medical Examiner Dr. Andrew Baker.
www.kare11.com
Federal trial for ex-MPD officers postponed after positive COVID test
The court will be in recess until next Monday after Judge Paul Magnuson revealed one of the defendants in the case tested positive for COVID-19.
www.kare11.com
Punk ass gonna serve his time in federal prison instead of state
This is what people are protesting. Not the individual cops, but the goddamn system that keeps a shit cop on payroll to let him keep terrorizing people.
Ex-cop Thomas Lane gets 2 1/2 years on George Floyd killing federal charge
A federal judge sentenced former Minneapolis police Officer Thomas Lane to 2 1/2 years in prison Thursday for violating George Floyd's civil rights, calling Lane's role in the restraint that killed Floyd 'a very serious offence in which a life was lost' but handing down a sentence well below...
safer, more time though
$1.5 million awarded to Chauvin jailers who claimed discrimination
By Fox 9 Staff
Published August 9, 2022 12:26PM
ST. PAUL, Minn. (FOX 9) - The Ramsey County Board of Commissioners approved a $1.455 million settlement to a lawsuit brought by eight current and former correctional officers who claimed they were discriminated against because of the color of their skin.
The lawsuit stems from a segregation order issued by Superintendent Steve Lydon at the Ramsey County Adult Detention Facility that didn’t allow any officers of color near Derek Chauvin after we was brought to the facility in May 2020.
The eight correctional officers, who identify as Black, Hispanic, Pacific Islander and multiracial, claim Lydon issued a segregation order prohibiting all correctional officers of color from guarding, interacting, or even going to the floor where Chauvin was being held.
The lawsuit says Chauvin was brought to the facility on May 29, 2020. That afternoon, after Lydon issued the segregation order, an emergency call occurred in the jail. Multiple officers of color responded, however they were prevented from completing protocol until white officers arrived. This prevented the plaintiffs from completing their professional duties because of the color of their skin.
The plaintiffs allege Lydon issued the order because he did not trust them to carry out their duties because of their race.
"Trust and accountability are critical to our safety as correctional officers, and Superintendent Lydon’s segregation order broke this trust. Each of us is on our own journey toward healing from this damaging discrimination and the aftermath – and these settlements will help us open a next chapter. Our goal in bringing attention to the segregation order was to ensure Ramsey County was held accountable for its discriminatory actions and practices. We hope the County and Detention Center will continue working toward overall culture changes that create a safe and welcoming work environment for all," Devin Sullivan, one of the plaintiffs in the lawsuit, said in a statement.
By Fox 9 Staff
Published August 9, 2022 12:26PM
ST. PAUL, Minn. (FOX 9) - The Ramsey County Board of Commissioners approved a $1.455 million settlement to a lawsuit brought by eight current and former correctional officers who claimed they were discriminated against because of the color of their skin.
The lawsuit stems from a segregation order issued by Superintendent Steve Lydon at the Ramsey County Adult Detention Facility that didn’t allow any officers of color near Derek Chauvin after we was brought to the facility in May 2020.
The eight correctional officers, who identify as Black, Hispanic, Pacific Islander and multiracial, claim Lydon issued a segregation order prohibiting all correctional officers of color from guarding, interacting, or even going to the floor where Chauvin was being held.
The lawsuit says Chauvin was brought to the facility on May 29, 2020. That afternoon, after Lydon issued the segregation order, an emergency call occurred in the jail. Multiple officers of color responded, however they were prevented from completing protocol until white officers arrived. This prevented the plaintiffs from completing their professional duties because of the color of their skin.
The plaintiffs allege Lydon issued the order because he did not trust them to carry out their duties because of their race.
"Trust and accountability are critical to our safety as correctional officers, and Superintendent Lydon’s segregation order broke this trust. Each of us is on our own journey toward healing from this damaging discrimination and the aftermath – and these settlements will help us open a next chapter. Our goal in bringing attention to the segregation order was to ensure Ramsey County was held accountable for its discriminatory actions and practices. We hope the County and Detention Center will continue working toward overall culture changes that create a safe and welcoming work environment for all," Devin Sullivan, one of the plaintiffs in the lawsuit, said in a statement.
Off Duty Chicago Police Officer Charged After Kneeling On Teen
A Chicago police sergeant was charged Thursday with felony official misconduct and aggravated battery six weeks after video surfaced showing him holding a 14-year-old boy in the prone position with his knee while he was off-duty in Park Ridge, Illinois, according to Park Ridge police.
Michael Vitellaro, 49, who has worked for the Chicago Police Department since 2000, got information his son's bike was stolen from the local library and then seen at a nearby Starbucks, according to a criminal complaint filed August 18 in Cook County that led to the charges.
The off-duty officer drove his son to the Starbucks where he saw his son's bike on the sidewalk, leaning up against a pillar. He "waited in his car to hopefully observe who had stolen the bicycle," according to the criminal complaint.
A Chicago police sergeant was charged Thursday with felony official misconduct and aggravated battery six weeks after video surfaced showing him holding a 14-year-old boy in the prone position with his knee while he was off-duty in Park Ridge, Illinois, according to Park Ridge police.
Michael Vitellaro, 49, who has worked for the Chicago Police Department since 2000, got information his son's bike was stolen from the local library and then seen at a nearby Starbucks, according to a criminal complaint filed August 18 in Cook County that led to the charges.
The off-duty officer drove his son to the Starbucks where he saw his son's bike on the sidewalk, leaning up against a pillar. He "waited in his car to hopefully observe who had stolen the bicycle," according to the criminal complaint.
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