UPDATED: Three facts from viewing videos of the murder of Renee Nichole Good on Wednesday are unarguable: ICE agent Jonathan Ross shot at a moving vehicle, crossed in front of Good’s SUV and failed to promptly call 9-1-1. These violate some or all of DOJ and DHS procedures. The shooting also defies federal law.
These facts fly in the face of the lies from Kristi Noem and Donald Trump. “They are already trying to spin this as an action of self-defense,” Minneapolis Mayor Jacob Frey said. “Having seen the video of myself, I want to tell everybody directly, that is bullshit.”
First, the law: don’t shoot at “fleeing” people.
Under a 1985 Supreme Court ruling, police aren’t permitted to open fire on someone who is fleeing unless that person presents a serious danger to the officer or others. Justice Byron White wrote that ‘it is no doubt unfortunate when a suspect who is in sight escapes,’ but ‘it is not better that all felony suspects die than that they escape.’
The driver in question here was clearly not under arrest, much less a felony suspect. Nor was she “fleeing” (which implies speed; she was going about 5 mph and moving away from the agents).
DOJ policy also prohibits shooting at a fleeing suspect. In fact, the DOJ policy calls for the agent to step out of the way of a moving vehicle, which Agent Ross did as he fired his gun.
Department of Homeland Security agents only have the power to “stop, detain and arrest people they suspect of being in the US illegally.” Good does not meet any stereotype for “alien.”
Moreover, the use of deadly force is constrained by the Constitution.
Under the US constitution, law enforcement “can only use deadly force if the person poses a serious danger to them or other people, or the person has committed a violent crime”, said Chris Slobogin, director of the criminal justice programme at Vanderbilt University Law School.
Second, DOJ policy is to avoid approaching a vehicle from the front, for the obvious reason that it places an agent at risk.
Third, I teach motorcycle safety. When we know we have an incident that requires an ambulance, we immediately call 9-1-1 or direct someone else to do so while we begin emergency medical procedures. That’s the DOJ and DOH policy as well.
Being shot three times in the head/torso clearly calls for an immediate request for an ambulance. Instead, Agent Ross nonchalantly approached the vehicle, which had crashed, while other agents prevented citizens (even someone claiming to be a doctor) from administering first aid. He then nonchalantly walked back towards his vehicle, apparently only then asking someone else to call 9-1-1 (see NYT video).
He then drove away, as did other agents, thus defiling the crime scene. That was an unambiguous raised-middle-finger to the rule of law and sanctity of life.
News reports indicate that DHS agents also refused to let the ambulance drive up to the wrecked vehicle.
1-16.500 – AFFIRMATIVE DUTY TO RENDER MEDICAL AID
Officers will be trained in, and must recognize and act upon, the affirmative duty to request and/or render medical aid, as appropriate, where needed.
That’s three strikes against Agent Ross. I will not hold my breath waiting for DOJ to reprimand him. Instead, I expect the DOJ to block any attempt by the state of Minnesota to bring justice to Good’s family.
Known for gnawing at complex questions like a terrier with a bone. Digital evangelist, writer, teacher. Transplanted Southerner; teach newbies to ride motorcycles. @kegill (Twitter and Mastodon.social); wiredpen.com