But Noor did - firing across his partner's body and killing Damond.
Freeman says the law prevents officers from being charged unless they are "unacceptably reckless".
"There is no evidence Officer Noor encountered a threat, appreciated a threat, or confirmed a threat that justified his decision to use deadly force", Freeman asserted.
A lawyer for Mr Noor said his client had acted in line with police training.
"But I can't. He won't answer my questions because he doesn't have to, OK". "I've been privileged to have this job almost 18 years, I've never had police officers who weren't suspects refuse to do their duty and come over to talk to us". But in this case, Freeman convened a grand jury to investigate, but maintained the decision to charge would be his. The county attorney's office declined to comment beyond the statement on Tuesday.
Others say the focus should go beyond race and religion.
Harrity, who pulled out his handgun during the incident but didn't fire it, said both officers "got spooked" when Damond appeared "out of nowhere", Freeman said.
Freeman said the officers had gone through classroom and gun range training on identifying targets and threats before shooting, as well as decision-making.
Hennepin County Attorney Mike Freeman filed murder and manslaughter charges Tuesday against Minneapolis police Officer Mohamed Noor. He said the investigation "has not been done to the prosecutor's satisfaction or even to the expected levels of accuracy and thoroughness".
"No charges can bring our Justine back", they said in a joint statement.
A community action group called "Justice for Justine" has demanded charges against Noor in Damond's death.
Justice for Justine held a press conference and rally at 6:30 p.m. on Tuesday at 50th and Washburn, chanting "Justice for All" and "Justice for Justine".
Noor shot Justine Damond to death last July after responding to a reported sexual assault outside her home.
"Officer Harrity said he was startled and said 'Oh, shit or Oh, Jesus.' He said he perceived that his life was in danger, reached for his gun, unholstered it, and held it to his rib cage while pointing it downward".
A policeman with Noor at the time of the shooting told investigators that he was startled by a loud noise right before Damond approached the driver's side window of their cruiser.
She died of a gunshot wound to the abdomen before paramedics arrived.
Damond's mother was Australian, and she spent her formative years there, but also spent some of her early childhood in the Buffalo area, said Peter Suffoletto, a cousin of Damond's father. In a statement, Minneapolis Police Chief Medaria Arradondo doesn't specifically say Noor was terminated, but he that Noor's "end date" was today.
Freeman maintained Tuesday that the decision to charge Noor was his. "What happened to Justine happened to every last one of us, I don't' care what color you are".
Meanwhile, Michele Bachmann, a former Republican congresswoman who represented the Minneapolis exurbs, called Noor - one of the first Somali-American police officers on the force - an "affirmative action hire by the hijab-wearing mayor of Minneapolis".