Page 27 - bon-dia-aruba-20210610

A27
u.s. news Diahuebs 10 Juni 2021

Minnesota 3rd-degree murder law at issue in ex-cop's appeal

(AP) — A prosecutor urged the ticular person, there is not going to
Minnesota Supreme Court on be an officer-involved shooting that
Wednesday to uphold the third- can be prosecuted under Minneso-
degree murder conviction of a ta’s depraved-mind murder statute,”
former Minneapolis police of- Burdorf said.
ficer who fatally shot an Austra-
lian woman who had called 911 It was associate Justice Anne McKeig
in 2017, saying a reversal would who raised the question of whether
make it impossible to prosecute police officers could ever be con-
other officers on the same charge. victed of third-degree murder if the
high court agrees with Noor’s inter-
But defense attorney Caitlinrose pretation of the statute. Fisher replied
Fisher argued that the Minnesota that “it would be very hard to imag-
Court of Appeals erred in February ine” that an officer’s “split-second
when it affirmed Mohamed Noor’s reaction to a perceived threat” would
conviction. She argued that the lan- count as a “depraved-mind murder”
guage of Minnesota’s third-degree but that other charges could be justi-
murder statute, backed by case law, fied instead, such as manslaughter.
requires that a defendant’s actions be
directed at more than one person, and Fisher pointed out that Noor isn’t
that the law is meant for cases such as contesting his conviction on a lesser
indiscriminate killings. charge of second-degree manslaugh-
ter. She urged the justices to send the
The state law defines third-degree case back to the trial court for resen-
murder as “an act eminently danger- tencing on that count. While Noor
ous to others and evincing a depraved was sentenced to 12 1/2 years on the
mind, without regard for human murder count, which matched the
life.” A central dispute is whether prison term recommended by the
“dangerous to others” must be read state’s sentencing guidelines, those
as plural, or if the fatal act can be di- guidelines recommend just four years
rected at a single, specific person. The for the manslaughter count.
high court’s ultimate decision has re-
percussions for four other ex-officers “Mohamed Noor did not act with a
charged in the death of George Floyd, depraved mind. Mohamed Noor was
another high-profile police killing. not indifferent to human life,” Fisher
said. “With the benefit of hindsight
Hennepin County prosecutor Jean we now know that Mr. Noor made
Burdorf told the justices that nearly a tragic split-second mistake. But
all killings by officers are directed if there is to be any meaningful dif- pected to affect the cases of the four against three other ex-officers, who
at a specific person. Noor testified ference between murder and man- ex-officers charged in Floyd’s death. are due to go on trial in March.
in his 2019 trial that a loud bang on slaughter, that mistake is not suffi- Former Minneapolis police Offi-
the squad car made him fear for his cient to sustain Mr. Noor’s convic- cer Derek Chauvin was convicted The judge overseeing Chauvin’s trial
and his partner’s life, so he reached tion for third-degree murder.” in April of second- and third-degree initially threw out the third-degree
across his partner from the passenger murder, as well as second-degree murder charge against Chauvin, but
seat and fired through the driver’s Burdorf asked the justices to make manslaughter, and is appealing. Pros- later reinstated the count after the
window, believing it was necessary the law clear because the proper in- ecutors are seeking 30 years in prison Court of Appeals affirmed Noor’s
to protect his partner’s life. His shot terpretation of the statute has become for Chauvin, who will be sentenced conviction. All four former officers
killed Justine Ruszczyk Damond, a unclear amid conflicting rulings over June 25. The sentence wouldn’t also face federal civil rights charges.
dual U.S.-Australian citizen engaged the years. change even if the Supreme Court
to a Minneapolis man, who had called rules in Noor’s favor, but that de- Prosecutors wrote in their brief that
911 to report a possible sexual assault “We have this confusion. I think it ex- cision could become significant if over 40 states have some form of
behind her home. ists and we have to acknowledge it.” Chauvin’s second-degree murder “depraved mind” or “depraved indif-
Burdorf said. “The solution, I think, conviction were overturned on ap- ference” homicide statute, but “only
“If you maintain that a person can not is to go back to the fundamentals.” peal. Prosecutors are seeking to add a handful” require a defendant to
be convicted of third-degree murder charges of aiding and abetting third- endanger more than one person for
... if their actions are directed at a par- The decision in Noor’s appeal is ex- degree murder to the existing counts prosecutors to get a conviction.

Military relieves general of duties, cites tank sinking

(AP) — The Marine Corps in recent years. Leaders said inadequate training, shabby diately reached for comment.
is relieving a general of his it could have been prevented. maintenance of the 35-year- The Marine Corps said the The action against Castellvi
duties for failing to prop- old amphibious assault ve- commandant “personally and will go on his permanent re-
erly train Marines and The commandant of the hicles and poor judgment by formally counseled him for cord and will be taken into
sailors and evaluate the Marine Corps met person- commanders. his failure to properly train consideration as to whether
platoon before an exercise ally with Maj. Gen. Robert F. the Marines and Sailors for the Marine Corps will pro-
last summer when their Castellvi, the former Com- It said Castellvi “bears some whom he was entrusted and mote or retain him. Typically
seafaring tank sank off manding General of 1st Ma- responsibility.” The investi- for the inadequate evaluation such an action prevents an
the Southern California rine Division, who has been gation found the troops had of the AAV Platoon.” officer from being promoted
coast, killing nine troops, suspended since April from not received appropriate in- or serving in a role charged
the military announced his position as inspector gen- struction on escaping the The Marine Corps first with the responsibility of car-
Wednesday. eral of the Marine Corps. amphibious assault vehicle reached out to the families ing for troops, the Marine
quickly, and the unit had not of the eight Marines and one Corps said.
The training accident 70 An investigation by the mari- completed a required evalu- sailor who were killed, some
miles (113 kilometers) off time branch found the ac- ation meant to address any of whom had questioned The investigation is ongoing,
San Diego’s coast was one of cident July 30 off San Cle- issues before the exercise. why no generals were being and more action could be
the deadliest for the Marines mente Island was caused by Castellvi could not be imme- held accountable. taken against others.