Expert testimony yesterday went exactly along the lines of the GM post.
“The use of force was objectionable, unreasonable and violated police policies … and training,” said expert witness Derrick Hacker. “No reasonable officer would have perceived a threat by somebody coming up to their squad.”
“I don’t believe they were logical or rational at all,” Longo said of Noor’s actions. “This was an unprovoked, violent response.”
---------------------
Hacker, who has served as a use-of-force instructor since his days in the Marines in the early 1990s, said accounts of the noise that apparently startled the officers were “vague” and didn’t meet the threshold for using deadly force. Officers are taught to apply a “force continuum” that starts with none and escalates up to deadly force when an officer feels lives are in danger, or to stop a suspect who has committed or is committing a felony, he said.
“You need to identify the target: who it is, is it a male, is it a female?” he said. “If an officer cannot see that, then the officer is not allowed to use deadly force.”
Noor, Hacker concluded, should have known better after undergoing “use of firearms in lowlight” and “pre-ambush awareness” training during his stint at the police academy.
“Is being startled or spooked the same as fearing death or great bodily harm?” asked Assistant Hennepin County Attorney Patrick Lofton.
“No, it is not,” Hacker responded.
The officers should have taken greater steps to investigate Damond’s call, he said, making the connection between her call about a woman possibly screaming in her alley and an earlier incident involving an apparently disoriented woman who was wandering through the area.
“Would you pull your gun out?” Lofton asked regarding Damond’s call.
“No, absolutely not,” Hacker said.
Hacker argued that the officers’ decision to pull out their guns inside their SUV was “unreasonable and is unacceptable.” The matter is a point of contention with the defense.
Officers are trained to draw their guns quickly when a threat emerges, Hacker said, precluding them from needing their firearms unholstered.
“By driving around with a handgun, there’s a higher propensity for other things to happen,” he said, pointing to the possibility of an accidental discharge. “I would say, even in an active shooter call, it isn’t needed.”
Lofton asked him whether Damond “did anything wrong” by approaching the officers.
“No, Ms. Ruszczyk did nothing wrong — police are approached daily, this happens routinely,” he said, adding that he didn’t find it unusual that 911 dispatchers didn’t instruct her to stay put.
Longo said officers should know how to handle people approaching their squad cars, and not the opposite.
“That just defies logic to me that we would have to train citizens from approaching police cars,” he said.http://www.startribune.com/use-of-force-expert-none-needed-in-encounter-with-damond/509008502/----------------------------------
Defendant Noor is on the stand.
Snippets follow via twitter begins after prosecution expert witness.
https://twitter.com/LouRaguse@LouRaguse #NoorTrial #JustineDamond
The prosecution is expected to wrap up its case today (for real this time) in the Mohamed Noor trial. Their second use-of-force expert, Tim Longo, is still on the witness stand awaiting cross examination. Could Mohamed Noor testify this afternoon? It's possible.
THey went back and forth with Plunkett talking about how Harrity perceived an ambush in prior testimony so they should be able to go into it. Judge will rule further after the break. See you later this afternoon.
Noor had begun mentioning the Dallas incident from 2006 which Judge Quaintance had already ruled that they can't go into. When jury left, Judge said, "I don't understand the relevance of ambush training"
It was pretty obvious what they were getting at with this testimony and how it would relate to the shooting of Justine Ruszczyk Damond. Before lunch Plunkett asked about them being warned of ambushes -- and the prosecution objected.
Then on counter-ambush training in patrol car, Noor said "As long as your partner is safe, you can shoot out of the squad car in any direction. The key takeaway is saving your partner's life in a safe manner."
Then Noor got choked up talking about counter ambush training relating to MPD Officer Jerry Haaf who was killed in 1992. Noor was holding back tears talking about scenario at restaurant where they learn to trust partner to protect you.
Then they spent time on Noor's counter-ambush training. Noor said, "The most important take for me was actions are better than reactions. If reacting, that means it's too late."
Plunkett: What happens?
Noor: "You die."
"You can get days off, up to termination if you talk to an officer involved at the scene or attempt to interview him," Noor testified.
Noor then talked about his officer involved shooting training where he learned how it affects perception of officers. And what he learned about officers at scene of one, Noor said they can't talk to the officer who shot.
I wonder now if the prosecution thinks the door is open to ask about the traffic stop where he appeared to point a gun at the driver's head.
Noor says when he stepped back with a loaded weapon - he got in trouble but learned from it. "that was in a safe training environment with my instructor behind me." Noor said some other cadets "shot the floor, shot the ceiling, shot the carpet" so mistakes weren't uncommon
And defense attorney Plunkett proactively had Noor talk about something the prosecution wanted to raise -- an incident when he improperly pointed a loaded gun. Noor described he unloaded the weapon in reverse - the chambered round before the magazine which chambered another round
It was "Very stressful," Noor testified. 29 weeks of classes and physical training. "Very demanding. It requires a lot of learning." Then he began talking about his firearms training.
Noor became an American citizen in 1999. His parents gained citizenship and he said that automatically applied to he and his siblings too. After going through his schooling, Noor got to part where he started Police Cadet Academy.
Noor is the oldest of 10 siblings. He was born in Somalia, fled to Kenya with his family at age 5, then to America when 7. When reached MN in 7th grade, Noor testified, "When I moved here, no one liked Somalis."
Noor's testimony has not yet reached the night of the shooting. Defense attorney Tom Plunkett has been going over Noor's life story with him, which we first heard in Opening Statements.
