Murder Conviction Overturned

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Minnesota Supreme Court Overturns Third-Degree Murder Conviction

Recently the Minnesota Supreme Court overturned a third-degree murder conviction in a high-profile case involving former Minneapolis police officer Mohamed Noor.

The case stemmed from a 2017 incident involving the shooting death of a woman who had called 911 after hearing screaming behind her home. Upon approaching the Minneapolis police vehicle that arrived in response to her call, Officer Noor fired his service firearm at her from the passenger seat, fatally wounding her.

Depraved Mind and Minnesota State Law

Under Minnesota state law, third-degree murder applies when a person kills another "by perpetrating an act eminently dangerous to others and evincing a depraved mind." The maximum sentence is 25 years imprisonment or a fine of up to $40,000.00 or both.

At trial, prosecutors argued that Noor acted recklessly and with a depraved mind because he fired a gunshot across his partner's body in their squad car and out an open window at an unidentified shadow – the individual victim.

Filing third-degree murder charges under these circumstances conflicted with a longstanding interpretation of the word "others" found in the statute. Many attorneys believed the legislature’s inclusion of the word meant that third-degree murder charges could only apply to circumstances where multiple people are endangered and someone is killed – such as shooting a firearm randomly into a crowd of people.

Following a 2019 jury trial, Noor was convicted of third-degree ‘depraved-mind’ murder and second-degree manslaughter. He was sentenced to 12 ½ years in prison on the third-degree murder charges but was not sentenced for manslaughter.

Noor subsequently appealed his convictions, and in February 2021, the Court of Appeals upheld the third-degree murder conviction in a 2-1 decision.

In June 2021, Noor’s attorneys filed a petition with the Minnesota Supreme Court addressing the issue of whether a person can be convicted of third-degree murder if the deadly act is aimed at a single person.

Noor’s attorneys argued that Noor’s conviction should be reversed because the depraved mind element wasn't fulfilled, where the evidence showed that Noor was carrying out his official duties as an officer, acted in a split second, and directed his actions at a specific person out of fear that his partner's life was in danger from an ambush.

Minnesota Supreme Court Ruling

In a unanimous ruling, the Minnesota Supreme Court agreed, finding that conduct directed with particularity at the person who is killed does not establish the ‘depraved mind’ element – a generalized disregard for human life.

Because the only reasonable inference that could be drawn from the facts of the case was that Noor directed his single shot with particularity at the victim, Noor’s actions did not fit the definition of third-degree murder under Minnesota state law.

Considering this recent opinion, the Minnesota legislature may ultimately revise the ‘depraved mind’ language contained within the third-degree murder statute or introduce a new law for crimes that don't meet criteria for third-degree murder but are more serious than manslaughter.

Whether you find yourself facing felony, gross misdemeanor, or misdemeanor charges you need a criminal defense attorney with deep legal knowledge of the Minnesota law and a willingness to fight on your behalf in any court.

At Halberg Criminal Defense, our team approach puts the firm’s collective knowledge and experience in your corner. Our attorneys are available 24-7 — Call us at 612-DEFENSE (612-333-3673).

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