27 ca DB 6859 Filed in Fourth Judlcial 0mm 317mm 08 36 57 AM Henriepln County, MN State of Minnesota District Court County of Hennepin 4th Judicial District Prosecutor File No. 18AO3120 Court File No. 27-CR-18-6859 State of Minnesota, COMPLAINT Plaintiff, Warrant vs. MOHAMED MOHAMED NOOR DOB: 10/20/1985 Defendant, The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the followmg ofienseis): COUNT Charge: Murder - 3rd Degree - Perpetrating Eminently Dangerous Act and Evincing Depraved Mind Minnesota Statute: 609.195la), with reference to: 609.195la), Maximum Sentence, 25 YEARS Offense Level: Felony Oflense Date (on or about): 07/15/2017 Control 17000546 Charge Description: That on or about 7/15/2017 in Minneapolis, Hennepin County, Minnesota, Mohamed Mohamed Noor did without intent to effect the death of any person, cause the death of Justine Damond by perpetrating an act eminently dangerous to others and evincing a depraved mind. without regard for human life. while using a firearm. Minimum Sentence 3 YEARS COUNT ll Charge: Manslaughter - 2nd Degree - Culpable Negligence Creating Unreasonable Risk Minnesota Statute' 609.205l1), with reference to: 609,205, 609.11 Maximum Sentence' 10 YEARS $20,000 Offense Level: Felony Offense Date (on or about)' 07/15/2017 Control 17000546 Charge Description: That on or about 7/15/2017. in. Minneapolis, Hennepin County, Minnesota, Mohamed Mohamed Noor caused the death of Justine Damond by his culpable negligence, whereby Mohamed Mohamed Noor created an unreasonable risk and consciously took a chance 07 causing death or great bodily harm to Justine Damond while using a firearm. Minimum Sentence: 3 YEARS Filed in Fourth Judicial District Court STATEMENT OF PROBABLE CAUSE ?g?g?ii?nogj??l Complainant has investigated the facts and circumstances of this offense and believes the following establishes probable cause: At 11:27:01 pm. on July 15, 2017, Justine Damond called 911 and reported in part that she could hear a woman in the alley behind her house who was either having sex or being raped, that it had been going on for a while, and she sounded distressed. Ms. made the call from her cell phone while at her home at 5024 Washburn Avenue South, Minneapolis, Hennepin County. At t1:27:42 pm. Minneapolis Emergency Communications aired a call to squad 530, Minneapolis Poiice Of?cers Matthew Harrity and Mohamed Noor, defendant, ?Squad 530 to 5024 Washbum Avenue South, female screaming behind building.? This cail was received by radio. At 11:27:47 pm. squad 5530 was dispatched to 5024 Washburn Avenue South for which is unknown trouble, with this information registering on their squad car computer. Of?cer Ham'ty drove marked Minneapolis Police Department (MPD) squad #5613 (the officers? call sign was different from the number of their squad car) from the area of 361h Street and Blaisdell or Nicollet Avenues to the aliey entrance at sea and Xerxes. Of?cer Noor was the passenger. At 11:35:22 pm. Ms. called 911 a second time and said that no one had yet arrived and she was concerned they got the address wrong. The 91?l operator veri?ed the address and said the police were on the way. At 11:35:04 pm. squad 530 was noti?ed by computer that the 911 caller was calling back for estimated time of arrival. At 11:37:29 pm. Ms. called her ?ance, Don Damond, with whom she had been in contact about the noises she heard and her 9t1 calls. Their conversation lasted 1 minute and 41 seconds, ending at 11:39:10 pm. Ms. told Mr. Damond from inside her house, ?Okay, the police are here.? Of?cers Harrity and Noor?s squad car had entered the alley on SOth Street heading south at 11:37:49 pm. Of?cer Harrity turned off the headlights and dimmed the computer screen as they drove down the alley, but used his spotlight to look for people on the drivers side of the car, which was the side of the alley directiy behind 5924 Washburn. The driver?s side window was all the way down. Of?cer Harrity was not wearing his seatbeit and had removed the safety hood of his holster over his gun before turning into the alley. Of?cer Harrity heard what he believed to be the sound of a dog in a house on his side of the alley before reaching the rear of 5024 Washburn but did not get out of the car to investigate. Of?cer Harrity heard no other noises. Of?cer Nocr did not get out of the car in the alley. The squad car slot-red to 2 in the aliey but never stopped behind 5024 Washbum. The of?cers did not encounter any people while driving through the alley. The squad car neared the end of the alley at 51st Street at 1 1:39:34 p.rn., 1 minute and 56 seconds after arriving at the other end of the alley and 24 seconds after Ms. and Mr. Damond ended their last phone call. At that time, Officer Noor entered ?Code 4? into the squad computer, which communicates to dispatch and other of?cers that the of?cers were safe and needed no assistance. The squad car picked up speed to 8 and moved to the end of the alley where Of?cer Harrity turned the lights back on and told Of?cer Noor they were going to back up of?cers on another call in the 5th Precinct as soon as a bicyclist passed them. The bicyclist was approaching Xerxes on 51st and would have been to the of?cers? right side. A couple leaving a party at a nearby residence was walking to their car and heard a gunshot. Surveillance video of the couple, which does not capture the shooting, establishes that the shot was ?red after 11:40:15 pm. 2 Filed In Fourth Judicral District Court it Video from body worn cameras of both of?cers, activated only after the shooting, shows that they vyere of the car and standing over Ms. at 11:40:29 pm. Of?cer Harrity radioed, ?Shots ?red, one down EMS Code requesting immediate assistance, at 11:40:32 pm. At 11:40:44 the bicyclist began recording the events on a cell phone. The bicyclist recorded the scene for 29 seconds and then left the scene. At 1 1 :41 :39 pm. Of?cer Harrity radioed that he was beginning CPR with Of?cer Noor taking over at 11:42:46 pm. The first of numerous other Minneapolis Police of?cers who responded arrived at 11:44:47 pm. The Minneapolis Fire Department arrived at 11:47:09 pm. and HCMC paramedics arrived at 11:49:16 pm. Efforts to resuscitate Ms. were unsuccessful and she died at the scene. The Hennepin County Medical Examiner performed an autopsy on Ms. which established that she died of a singie gunshot wound to the abdomen and the builet had a backward, rightward, and downward trajectory. The wound was 65 cm from the top of Ms. head, 104 cm above her ieft heel, and approximately 8 cm from the center of her body. Squad 560, a Ford Explorer SUV, had no damage to it consistent with a bullet hitting the inside or outside of the car or any window in any iocation. The bullet was recovered from Ms. body and testing and comparison determined that the bullet was ?red from Of?cer Noor?s gun. In December 2017, samples from the interior of squad 560 and from clothes worn by Ms. Of?cer Harrity, and Of?cer Noor were obtained and sent to an independent lab in The lab determined that as to squad 560, gunshot residue was present on the ceiling on the driver?s side, the interior of the driver?s door, the steering wheel. the driver?s headrest, and the dashboard on the driver?s side. Ms. shirt sleeves and the front of her shirt tested positive for gunshot residue; her pants tested negative. With respect to Of?cer Harrity, the left and right sides of both shirts he was wearing, the front of his vest, and both legs of his pants tested positive for gunshot residue. As for Officer Noor, his right and left pant legs and the right side of his shirt tested positive for gunshot residue. His vest and the left side of his shirt tested negative. Of?cer Harrity later stated that he and Of?cer Noor were at the end of the ailey waiting for the bicyclist to pass. Of?cer Harrity put the safety hood back on his hoister. Of?cer Noor was on the computer. O?'ioer Harrity put the car in park and his window was down. Of?cer Harrity stated that the of?cers were not going to continue to investigate the sail or attempt to make contact with the 911 caiier because they ?nished checking behind the buildings in the aliey and found nothing. Five to ten seconds after Of?cer Noor entered Code 4 into the computer, Officer Harrity heard a voice, a thump somewhere behind him on the squad car, and caught a glimpse of a person?s head and shoulders outside his window. He was not able to articulate what the noise was, how ioud it was, what the person?s voice sounded like, or what the person said. He characterized the voice as a muf?ed voice or a whisper. He could not see whether the person was a male, female, aduit, or child. He could not see the person?s hands from the driver?s seat and estimated that the person was two feet away from him. He saw no weapons. Officer Harrity said he was startled and said, ?Oh sh*t"? or ?Oh Jesus." He said he perceived that his life was in danger, reached for his gun, un-hoistered it, and held it to his ribcage while pointing it downward. He said that from the driver?s seat he had a better vantage point to determine a threat than Of?cer Noor wouid have had from the passenger seat. Of?cer Harrity then heard a sound that sounded like a light bulb dropping on the ?oor and saw a ?ash. After ?rst checking to see if he had been shot, he looked to his right and saw Of?cer Noor with his right arm extended in the direction of Of?cer Harrity. Of?cer Harrity said he did not see Of?cer Noor?s gun. Of?cer Harrity stated that he looked out his window on his left and saw a woman. The woman put her hands on a gunshot wound on the left side of her abdomen and said, ?I?m dying? or ?I'm dead." Of?cer Harrity said that once he saw the woman?s hands he believed her to no longer be a threat and he got out of the squad car. The woman was far enough away from the car that Of?cer Harrity was able to open his door and get out. Of?cer Noor got out of the passenger side carrying his handgun; Of?cer Harrity told him to re-holster his 3 wimumm? . a; target holds a gun, knife, or celi phone. In some of the training exercises, the targets move to provide 're?tperience with distance and speed of movement by the target. *7 The'defendant is not in custody. gun and turn his body worn camera on. 'gempm 3mm Body worn camera video captured a conversation between Of?cer Harrity and his supervising sergeant at the scene. Officer Harrity told the sergeant that they were on a call and were getting ready to clear and go to another call when ?she came up on the side out of nowhere.? He said ?we both got spooked? and that he had his gun out. He said Of?cer Moor ?pulled out and ?red." Of?cer Harrity did not mention hearing a voice or hearing a noise before the shot was fired. Given that it would have taken several seconds for Of?cer Noor to get out of the squad car and walk around to where Ms. lay in the alley, the shot was ?red less than 14 seconds after 11:40:15 pm. There is no evidence that, in that short timeframe, Of?cer Noor encountered, appreciated, investigated, or con?rmed a threat that justi?ed the decision to use deadly force. instead, Of?cer Noor recklessly and intentionally ?red his handgun from the passenger seat, a location at which he would have been less abie than Of?cer Harrity to see and hear events on the other side of the squad car. The bullet traveled across the space in the squad car just in front of, but not occupied by, Of?cer Harrity?s head or body, hit no equipment in the car. and passed through the open car window to fatally wound Ms. as the bicyciist traveled in front of the squad car. Officer Noor was hired by MPD on March 23, 2015, and had no prior law enforcement experience. Of?cer l-i?arrity was hired by MP0 on January 4, 2016, and was in the department?s Community Service Of?cer Academy when he was hired as an of?cer. Both of?cers completed training at the MPD Academy, Moor in 72015 and Harrity in 2016. The training includes, but is not limited to, ciassroom work and exercises taught by quali?ed MPD gun range instructors and personnel. Of?cers Noor and i-larrity were trained in numerous scenarios intended to teach them to identify a target and its threat, if any, before shooting at it. Both of?cers were trained with multipie types of targets and taught decision-making based on the threat before them, including using different levels of force such as mace, Tasers, and verbal force. ln some otthese exercises it it it ll? Filed in Fourth Judicial District SIGNATURES AND APPROVALS 3000018 08:36:57 Hennepin County, Complainant requests that Defendant, subiect to ball or conditions of release, be: arrested or that other lawful steps be taken to obtain Defendant?s appearance in court; or detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to tow. Complainant declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat. 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2. Complainant Brent Petersen Electronically Signed: Special Agent 0320/2018 08:16 AM 1430 Maryland Avenue Washington County, MN St. Paul, MN 55106 Badge21389 Being authorized to prosecute the offenses charged, approve this complaint. Prosecuting Attorney Amy Sweasy Electronically Signed: 300 6th St 03f20l2018 08:05 AM Minneapolis, MN 55487 . (612) 348-5550 (Ith Filed in Fourth JudIClal District Court FINDING OF PROBABLE CAUSE Hennepin County, MN From the above sworn facts, and any supporting affidawts or supplemental swam testimony, I, the issuing Of?cer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant's arrest or other lawful steps be taken to obtain Defendant's appearance in court, or Defendant's detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above?stated offense(s)_ summons THEREFORE YOU. THE DEFENDANT, ARE SUMMONED to appear on . at AMIPM before the above-named court at 300 8 Sixth Street. Minneapolis, MN 55487 to answer this complaint. lF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST Shall be issued- WARRANT To the Sheriff of the above?named county; or other person authorized to execute this warrant: i order, in the name of the State of Minnesota, that the Defendant be apprehended and arrested without delay and brought before the court (if in session), and if not, before a Judge or Judicial Officer of such oourt without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge or Judiciat Of?cer is available to be dealt with according to law. Execute in MN Oniy El Execute Nationwide El Execute in Border States ORDER OF DETENTION Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be detained pending further proceedings, Bail: $500,000.00 Conditions of Release: Surrender Passport This complaint, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judiciat Of?cer as of the following date: March 20, 2018. Judicial Of?cer Toddrick Barnette Etectronicaily Signed: 0320/2018 08:32 AM District Court Judge Sworn testimony has been given before the Judicial Of?cer by the foilowing witnesses: COUNTY OF HENNEPIN STATE OF MINNESOTA State of Minnesota Pmmti? LAWENFORCEMENT OFFICER RETURN OF SERVICE it hereby Certify and Return that have served a copy of this Warrant VS. upon the Defendant herein named. Si nature of Authorized Service A ent Mohamed Mohamed Noor 9 Defendant Fiied in Four"! Judicial Disincl Con DEFENDANT FACT SHEET Hennepm County, MI Name: Mohamed Mohamed Noor DOB: 10/20/1985 Alias NameleOB: SID: Height Weight: Coior: Hair Color: Gender MALE Race: Black Fingerprints Required per mute: Ves Fingelprint match to Criminal History chord: N0 Driver's License 35: SILS Person ID ft: 530473 SILS Tracking No. 1990854 Case Scheduling Inlormafion: Alcohoi Concentration: TO BE REVIEWED BY JUDGE AND LIDIA MORALES ONLY we A i - Mew.? zynxuasomn Statute Type Charge Penalty Penalty Charge Penalty Penalty Offense Datets) 71' 5120 l7 7? 5120 17 7! 5120 '17 711512017 7715120 17 731512017 STATUTE AND OFFENSE GRID Statute and Descriptions O?ense Level 609. l95{a} Felony Murder 3rd Degree Perpetrating Eminently Dangerous Act and Evincing Depraved Mind 609.11.5{31 Felony Minimum Sentences of Imprisonment-Firearm Use or Pessession Felony Murder - 3rd Degree Perpetreting Eminently Dangerous Act and Evincing Deprayec? Mind 009.205i1} Felony Manslaughter 2nd Degree Culpable Negligence Creating Unreasonable Risk 609.11.5(3) Felony Minimum Sentences of imprisonment-Firearm Use or Possession 809.205 Felony Manslaughter - 2nd Degree MOC H3013 H3013 H3013 H5013 H5013 H5013 Filed in Fourth Judicial District Cor. GOC Controlling Aggmies NBCAOODO MNBCAQOUO MNBCAOUOG 3720/2018 08:35:57 A Hennepin County, Case Numbers 17000546 1 7000546 1 7000545 1 7000546 1 7000546 17000546