The former Minneapolis police officer convicted of third-degree murder in the 2017 fatal shooting of Australian woman Justine Ruszczyk, who called 911 to report a possible sexual assault, has asked the Minnesota Supreme Court to hear his appeal.
Mohamed Noor has filed a petition asking the state's highest court to overturn his conviction in the death of Ms Ruszczyk, after a Court of Appeals panel upheld the jury's decision earlier this month.
Some legal experts say the third-degree murder charge applies only when a defendant's actions put multiple people at risk, but the appellate panel said it can apply when a defendant's actions are directed at one person.
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The state's Supreme Court must now decide whether it will hear the appeal.
If it does not, the appellate decision will stand, the Star Tribune reported.
Ms Ruszczyk called 911 the night of July 15, 2017, to report a possible sexual assault in an alley behind her house.
Officers Matthew Harrity and Noor were dispatched to the scene and arrived at 11.37pm.
Prosecutors said Noor was sitting in the passenger seat, pulled out his gun and shot across the vehicle to hit the unarmed Ms Ruszczyk, who was outside the driver's side door.
Noor admitted shooting Ms Ruszczyk but claimed he did so in fear he and his partner were being ambushed.
Noor is currently serving a 12-and-a-half-year prison sentence for third-degree murder.
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Ties to George Floyd case
The issue could have implications in the upcoming trial of former Minneapolis officer Derek Chauvin, who is charged with second-degree murder and manslaughter in the May 25 death of George Floyd.
The judge in Mr Chauvin's case had dismissed a third-degree murder count last October, saying it didn’t apply because Mr Chauvin’s actions were directed at Mr Floyd alone.
But prosecutors are seeking to have it reinstated, saying the appellate decision shows the third-degree murder count can apply to Mr Chauvin as well.
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The Minnesota Court of Appeals is scheduled to hear arguments in that case on Monday.
Jury selection in Mr Chauvin’s trial is scheduled to begin March 8.
- Reported with AP
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