Attorneys for former Minneapolis police officer Mohamed Noor filed a motion Thursday noting that they will ask for no prison time, or, alternatively, less prison time when he is sentenced next week.
The defense said it will ask for a dispositional departure, which includes no prison time but can involve up to a year in the county jail. If Hennepin County District Judge Kathryn Quaintance denies that request, the defense wrote, they will ask for a durational departure — less prison time than state sentencing guidelines recommend.
"The Grounds [sic] for the dispositional departure are his particular amenability to probation, cooperation, attitude in court and remorse," said the motion.
The defense wrote that the basis for a durational departure are the "less onerous nature of the offense."
Jurors convicted Noor of third-degree murder and second-degree manslaughter in the July 15, 2017, fatal shooting of Justine Ruszczyk Damond.
Noor testified at trial that he fired at Damond while sitting in his squad car because he thought he and his partner were being ambushed. They were responding to Damond's 911 call about a possible sexual assault in the alley behind her south Minneapolis home.
The maximum prison term for third-degree murder is 25 years; the maximum for second-degree manslaughter is 10 years.
Although the pre-sentence investigation used to recommend a term for Noor is not public in his court file, it's unlikely that he would receive maximum terms, given his lack of a criminal record.
State sentencing guidelines call for a prison term of about 11 to 15 years for third-degree murder for defendants who have no criminal history.
Noor is scheduled to be sentenced June 7. Prosecutors have not filed any motions related to his sentencing.
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