APPEAL
APPEAL TO
APPEAL TO THE MINNESOTA COURT OF APPEALS AND MINNESOTA
SUPREME COURT.
SUPREME COURT. >> GUILTY OF THIRD-DEGREE
MURDER, GUILTY OF SECOND-DEGREE
MURDER, MANSLAUGHTER, NOT
GUILTY OF SECOND-DEGREE MURDER.
>> GUILTY ON THIRD AND SECOND
DEGREE MANSLAUGHTER, NOT GUILTY
OF SECOND-DEGREE MURDER.
WHAT DOES THAT MEAN?
>> IF THEY THOUGHT, THEY ONLY
THEY WAY THEY WOULD CONVICT ON
THIRD-DEGREE MURDER WAS IF THEY
THOUGHT HE WAS SO RECKLESS HE
HAD A DEPRAVED MIND.
SO, THAT IS THE DEFINITION --
>> WOW.
>> WOW.
>> WOW. >> I DID NOT THINK THAT IS THE
ONE THAT SAID IT ALL BUT THAT
IS WHAT THEY HAVE COME BACK
WITH.
WITH.
WITH. THIS WILL BE AN APPEAL ISSUE BY
THE WAY BECAUSE YOU DO NOT
INTEND TO SHOOT AT A TARGET,
YOU'RE DOING SOMETHING LIKE
MOVING AT A SHOOTING TRAIN.
IN THIS ONE --
>> COULD THAT GO BACK TO THE
TESTIMONY MADE, HIS PARTNER
COULD NOT SEE OR MAKE OUT --
JUST A SILHOUETTE.
>> THEY MUST'VE THOUGHT THERE
WAS A RECKLESSNESS ABOUT WHAT
HE DID THAT IT ROSE TO THAT
LEVEL.
LEVEL.
LEVEL. >>
LEVEL. >> GUILTY SECOND-DEGREE.
ALSO, COULD YOU EXPLAIN, WHY DO
YOU NEED SECOND AND THIRD
DEGREE GUILTY VERDICTS?
>> USUALLY THE MANSLAUGHTER IS
LESSER INCLUDED OF THE MURDER
TRIAL.
TRIAL.
TRIAL. IN
TRIAL. IN THIS CASE, THE MURDER
CONVICTION IS THE VERY WORST
FOR NOOR.
FOR NOOR.
FOR NOOR. >> ONCE AGAIN, NOW THAT WE DO
KNOW THE VERDICT, THE
SENTENCING XING GUIDELINES, IS
THIRD-DEGREE MURDER 25 YEAR
STATUTORY MAXIMUM TO SERVE
12.5.
12.5.
12.5. FOR
12.5. FOR MANSLAUGHTER, 10 YEARS
MAXIMUM, STATUTORY MAXIMUM TO
SERVE FOUR.
SERVE FOUR. HE WOULD PROBABLY SERVE FOUR.
>> IT WOULD BE AT LEAST 16
YEARS.
YEARS.
YEARS. >>
YEARS. >> THAT DEPENDS ON WHETHER OR
NOT YOU ADD THE TWO TOGETHER OR
MAKE THEM CONCURRENT.
I WOULD THINK IN THIS SITUATION
THEY MAKE THEM CONCURRENT, HE
WILL BE LOOKING AT MURDER TWO,
THAT IS A BIG ONE.
>> ALWAYS HARD TO GET INTO A
JURY'S MIND.
JURY'S MIND. HOPEFULLY, WE HEAR ABOUT WHAT
THEY'RE THINKING AS THE DAYS GO
BY.
BY.
BY. WHAT
BY. WHAT YOU THINK NOW YOU KNOW HE
WAS GUILTY OUT OF THOSE COUNTS,
WHAT IS THE MOST IMPORTANT
THING?
THING?
THING? WHAT MADE AN IMPRESSION ON THE
JURY?
JURY?
JURY? >>
JURY? >> I THINK A LOT OF PEOPLE'S
FIRST REACTION TO THESE FACTS
WERE HE PANICKED AND SHOT AND
HE SHOT PREMATURELY.
AND I THINK, I HAD A REACTION
LIKE THAT AT THE VERY BEGINNING
THAT SAID I WANT TO WAIT UNTIL
THAT EVIDENCE IS IN AND SEE
WHAT IS THERE SO, I THINK THAT
IDEA, HERE IS HARRITY SAYING HE
WAS THERE BUT I WAS NOT GOING
TO SHOOT.
TO SHOOT.
TO SHOOT. >> LOU RAGUSE HAS BEEN
COVERING THIS FROM THE
BEGINNING.
BEGINNING. HE WAS AT THE COURTROOM.
>> Reporter: MOHAMED NOOR HAS
BEEN TAKEN INTO CUSTODY, HE WAS
LED OUT OF THE COURTROOM IN
HANDCUFFS AFTER THE VERDICT WAS
READ AND THE JURY EXCUSED FROM
THEIR SERVICE..VERDICT WAS NOT
GUILTY ON SECOND-DEGREE MURDER
BUT GUILTY ON THIRD-DEGREE
MURDER AND SECOND-DEGREE
MANSLAUGHTER.
MANSLAUGHTER. THEY EVEN ANNOUNCED THE TIMES
THE VERDICTS WERE DECIDED UPON.
THE VERDICT SECOND-DEGREE
MANSLAUGHTER AT 1:45 PM, AND
THEN AT 2:38 PM, THEY REACHED
THE NON-GUILTY VERDICT ON
SECOND-DEGREE MURDER AND 3:24
PM, THEY REACHED THEIR VERDICT
OF GUILTY ON THIRD-DEGREE
MURDER.
MURDER.
MURDER. AS THE VERDICTS WERE READ,
THERE WAS VERY LITTLE REACTION
IN THE COURT ROOM.
MOHAMED NOOR'S MOTHER, PRESENT
IN THE COURT HAD HER MOUTH
COVERED AND APPEARED TO BEGIN
TO QUIETLY CRY A LITTLE BIT.
THE DAMON'S FAMILY WAS VERY
STOIC AS THE VERDICTS WERE READ
UNTIL THEY WERE POLLING THE
JURORS WHICH MEANS ASKING THEM,
IS THAT WHAT YOUR TRUE VERDICT
AS.
AS.
AS. AS
AS. AS THEY DID THAT, JUSTINE'S
SISTER-IN-LAW GAVE DON DAMOND A
BIG HUG, THEY BOTH SMILED AND
IT WAS THE FIRST SHOW OF
EMOTION IN THE COURTROOM AFTER
THE VERDICTS WERE READ.
MOHAMED NOOR, THE DEFENDANT WAS
VERY STOIC HIMSELF FROM WHEN
THE VERDICTS WERE READ TO WHEN
HE WAS LED OUT OF THE COURT IN
HANDCUFFS.
HANDCUFFS. THEY HAVE DECIDED SENTENCING
WILL TAKE PLACE JUNE 7 AT 9 AM.
AND HE DOES FACE PRISON TIME,
POTENTIAL PRISON TIME BECAUSE
OF THE THIRD-DEGREE MURDER
CONVICTION.
CONVICTION. THE PRESUMPTIVE SENTENCE OF 150
MONTHS IN PRISON WITH THE RANGE
OF 128 MONTHS TO 180 MONTHS.
THE JUDGE HAS LEEWAY ON HOW SHE
SENTENCES HIM.