Justine Damond-Ruszczyk's American fiance is seeking permission to attend the murder trial of former Minneapolis police officer Mohamed Noor despite expected harrowing testimony about how the love of his life was shot dead in her pyjamas.
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Don Damond will be called as a witness at the start of the April 1 District Court trial in Minneapolis and could be barred from listening to testimony of the other witnesses that follow.
Prosecutors have asked the judge handling the trial to allow Mr Damond to listen to proceedings after he testifies.
"As her fiance, Mr Damond is Ms Ruszczyk's only relative in the United States and has a strong interest in being present for any or all of the trial if he wishes," prosecutors wrote.
Prosecutors filed their amended complaint against Noor on Tuesday to include a more serious second-degree murder charge alleging Noor caused "with intent" the Australian life coach's death in an alley behind her Minneapolis home just before midnight on July 15 last year.
If convicted the charge carries a maximum sentence of 40 years' prison.
Noor, 33, was initially charged with a lesser third-degree murder count carrying a 25-year maximum sentence.
That charge, which remains, alleged Noor "without intent" caused the death of Ms Damond-Ruszczyk, "by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, while using a firearm".
Mr Damond was in Las Vegas on business when Ms Damond-Ruszczyk was shot.
Ms Damond-Ruszczyk was home alone and in her pyjamas when she called her fiance and police after hearing a woman's screams near the alley outside her home.
Prosecutors said Mr Damond was the last person to speak to his fiancee before she went outside to the alley and approached Noor's police vehicle.
Prosecutors outlined in their updated complaint how they allege Noor, sitting in the passenger seat of his police vehicle, shot across his partner, Officer Matthew Harrity, out the driver's side window and into Ms Damond-Ruszczyk's stomach after she approached the car.
They claim Officer Harrity later told a supervising sergeant Ms Damond-Ruszczyk came up to their car "out of nowhere" and both officers "got spooked".
"The woman put her hands on a gunshot wound on the left side of her abdomen and said, 'I'm dying' or 'I'm dead'," prosecutors, describing Officer Harrity's alleged recollection of Ms Damond-Ruszczyk's final moments, wrote in the updated complaint.
Ms Damond-Ruszczyk died just weeks before she planned to marry Mr Damond in Hawaii, with family and friends scheduled to fly from Australia and the US to take part in the nuptials.
Australian Associated Press
