In the order, Quaintance stated, "the State argued that a sufficient basis exists for the additional charge."

More from KSTP:

Last week, prosecutors argued that since Noor is already charged with third-degree murder, three of the four elements of a second-degree charge are satisfied. Their petition argued the shooting also satisfied the fourth element - that Noor intended to kill Ruszczyk.

Noor and his partner responded to a 911 call from Ruszczyk the night of July 15, 2017 about a possible sexual assault in the alley behind her south Minneapolis home.

Noor's partner, officer Matthew Harrity, said he heard a thump on the hood of the car before Noor reached across Harrity and fired at Ruszczyk.