Noor has already served more than 28 months of his murder sentence. If sentenced to the presumptive four years for manslaughter,he could be eligible for supervised release around the end of this year.
In their ruling,the justices said that for a third-degree murder charge,also known as “depraved-mind murder”,the person’s mental state must show a “generalised indifference to human life,which cannot exist when the defendant’s conduct is directed with particularity at the person who is killed”.
“We may very well agree that Noor’s decision to shoot a deadly weapon simply because he was startled was disproportionate and unreasonable,” the justices wrote in their opinion.
“Noor’s conduct is especially troubling given the trust that citizens should be able to place in our peace officers. But the tragic circumstances of this case do not change the fact that Noor’s conduct was directed with particularity toward Ruszczyk,” they said.
Caitlinrose Fisher,one of the lawyers who worked on Noor’s appeal,said she was grateful the court clarified what constitutes third-degree murder,and she hoped that would lead to greater equity and consistency in charging decisions.
“We’ve said from the beginning that this was a tragedy,but it wasn’t a murder,and now the Supreme Court agrees and recognises that,” she said.
- with AP
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