Prosecutors seek to add 2nd degree murder charge in Justine Damond killing

The move was revealed in a court filing released Friday.
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The Minneapolis police officer who shot dead Justine Damond could face a 2nd degree murder charge, if prosecutors have their way.

In a court filing on Friday, prosecutors argued that the circumstances of Damond's fatal shooting by former officer Mohamed Noor is enough to satisfy the requirements of 2nd degree murder.

"The circumstances surrounding the crime show that the defendant acted with the intent to kill," they wrote. "He fired at Ms. Ruszczyk from no more than six feet away. He fired with tragic accuracy, managing to send a 9 millimeter bullet across his partner's body and through the narrow space of the open driver's side window.

"His bullet struck Ms. Ruszczyk in her torso, five inches above her waistline, and caused nearly immediate death.

"As a trained police officer, the defendant was fully aware that such a shot would kill Ms. Ruszczyk, a result he clearly intended."

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Noor is currently charged with 3rd degree murder and 2nd degree manslaughter in the killing of the 40 year old, who was shot after reporting a possible sexual assault behind her home in Washburn Avenue South in the Fulton neighborhood of Minneapolis in July 2017.

His trial begins on April 1, 2019.

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