MINNEAPOLIS (AP) — A Minneapolis police officer who fatally shot an unarmed girl after she known as 911 to report a potential rape taking place behind her residence shall be sentenced on a lesser cost Thursday after his murder conviction was overturned in a case that drew world consideration and was fraught with the problem of race.

Mohamed Noor was initially convicted of third-degree homicide and manslaughter within the 2017 deadly taking pictures of Justine Ruszczyk Damond, a 40-year-old twin U.S.-Australian citizen and yoga instructor who was engaged to be married. With his conviction and sentence for homicide thrown out, he could possibly be out on supervised launch inside months.

Former Minneapolis police officer Mohamed Noor leaves the Hennepin County Government Center in Minneapolis, Minnesota on April 2, 2019. - Jury selection began April 1, 2019, in the murder trial of a former Minnesota police officer who fatally shot an unarmed Australian woman, provoking outrage in the United States and in the victim's home country. Prosecutors say Somali-American Mohamed Noor opened fire on Justine Damond in Minneapolis in July 2017 while seated in the passenger seat of his squad car. 

Former Minneapolis police officer Mohamed Noor leaves the Hennepin County Government Center in Minneapolis, Minnesota on April 2, 2019. – Jury choice started April 1, 2019, within the homicide trial of a former Minnesota police officer who fatally shot an unarmed Australian girl, scary outrage within the United States and within the sufferer’s residence nation. Prosecutors say Somali-American Mohamed Noor opened hearth on Justine Damond in Minneapolis in July 2017 whereas seated within the passenger seat of his squad automotive. 
(KEREM YUCEL/AFP by way of Getty Images)

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Last month, the Minnesota Supreme Court tossed out Noor’s homicide conviction and sentence, saying the third-degree homicide statute doesn’t match the case. The justices mentioned the cost can solely apply when a defendant exhibits a “generalized indifference to human life,” not when the conduct is directed at a specific individual, because it was with Damond.

Experts say the ruling means the third-degree homicide conviction earlier this yr in opposition to former Minneapolis police officer Derek Chauvin in George Floyd’s 2020 death probably additionally shall be tossed out. But that will have little affect as a result of Chauvin was additionally convicted of a extra severe second-degree homicide cost in Floyd’s dying. Chauvin was sentenced to 22 1/2 years.

Noor testified at his 2019 trial that he and his companion had been driving slowly in an alley when a loud bang on their police SUV made him concern for his or her lives. He mentioned he noticed a lady seem on the companion’s driver’s aspect window and lift her proper arm earlier than he fired a shot from the passenger seat to cease what he thought was a risk.

He was sentenced to 12 1/2 years on the homicide depend and had been serving most of his time at an out-of-state facility. Noor shall be resentenced for his second-degree manslaughter conviction, with state tips calling for a spread of 41 to 57 months and a presumptive sentence of 4 years.

His attorneys, Tom Plunkett and Peter Wold, have asked for 41 months, citing Noor’s good conduct behind bars and harsh circumstances he confronted throughout many months in solitary, away from the overall jail inhabitants. Prosecutors are looking for 57 months.

Noor, who was fired after he was charged, has already served greater than 29 months. In Minnesota, inmates who behave effectively sometimes serve two-thirds of their jail sentences and the rest on supervised launch. If Noor will get the presumptive 4 years, he could possibly be eligible for supervised launch across the finish of this yr.

If the choose sentences Noor to 41 months, he could possibly be eligible for supervised launch — generally referred to as parole — instantly, although in such conditions defendants are sometimes briefly returned to jail to work out logistics of the parole.

Mohamed Noor walks out of the courthouse during a recess on the first day of opening arguments of his trial, charged in the 2017 fatal shooting of 40-year-old Australian woman Justine Ruszczyk Damond, in Minneapolis, Minnesota, April 9, 2019. 

Mohamed Noor walks out of the courthouse throughout a recess on the primary day of opening arguments of his trial, charged within the 2017 deadly taking pictures of 40-year-old Australian girl Justine Ruszczyk Damond, in Minneapolis, Minnesota, April 9, 2019. 
(REUTERS/Adam Bettcher)

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Noor could make a press release at Thursday’s listening to. At his unique sentencing in 2019, he bought emotional as he expressed remorse for what he had performed and apologized to Damond’s household.

Damond’s members of the family got here from Australia for the 2019 trial, however they had been anticipated to have statements learn on their behalf Thursday.

Damond’s dying angered residents within the U.S. and Australia, and led to the resignation of Minneapolis’ police chief. It additionally led the division to alter its coverage on physique cameras; Noor and his companion didn’t have theirs activated after they had been investigating Damond’s 911 name.

Noor, who’s Somali American, was believed to be the primary Minnesota officer convicted of homicide for an on-duty taking pictures. Activists who had lengthy known as for officers to be held accountable for the lethal use of drive applauded the homicide conviction however lamented that it got here in a case through which the officer is Black and his sufferer was white. Some questioned whether or not the case was handled the identical as police shootings involving Black victims.

Days after Noor’s conviction, Minneapolis agreed to pay $20 million to Damond’s household, believed on the time to be the most important settlement stemming from police violence in Minnesota. It was surpassed earlier this yr when Minneapolis agreed to a $27 million settlement in Floyd’s death simply as Chauvin was occurring trial.