Minneapolis prosecutors have won an early victory against the former police officer charged with murdering Australian life coach Justine Damond Ruszczyk in a dark alley.
District Court Judge Kathryn Quaintance on Thursday dismissed an attempt by former Minneapolis police officer Mohamed Noor's legal team to have the case tossed out ahead of next year's trial.
The judge ruled there is probable cause to charge Noor with one count of murder in the third degree and manslaughter in the second degree.
"Defendant either saw and fired at what he believed was a person, or he fired into the darkness at an unknown target," Judge Quaintance told the court.
Police officer Mohamed Noor. Source: City of Minneapolis
"Under either scenario, the jury could find that his act was dangerous to human beings and was performed without regard for human life."
Ms Damond Ruszczyk, 40, formerly of Sydney, called police just before midnight on July 15 last year after hearing what she feared was a woman being raped near her Minneapolis home.
Mohamed Noor (right) has been charged over the shooting death of the Australian. Source: AAP
When Ms Damond Ruszczyk approached officer Noor's patrol car in an alley behind her house he shot across his partner and fatally struck the Australian in the stomach.
A trial date has been set for April 1 in Minneapolis.
