Minnesota ICE Involved Shooting

[MikeBjerum]

Rob Pincus, and several others who are not commentators or podcasters, has a 24-hour rule. He will not comment on an event like this for 24 hours.
Public officials do not have the option of waiting 24 hours, but they have an option of what to say.  I would love to hear the following:

This is a tragic event that has taken a life and changed the lives of many forever. We have several trained and qualified investigators from different agencies have been dispatched to investigate and determine how and why this took place. We will release all findings once this investigation has been completed.

[Rastus]

There is one person's perspective that counts besides a possible jury perspective.  The ICE officer. 

From more than one video the driver clearly refused demands to get out of the car from a law enforcement officer and attempted to drive off.  It doesn't matter why the driver refused demands or what the driver was thinking.  Maybe the driver was scared, maybe the driver was mad, maybe the driver was confused but for whatever reason the driver did not exit the vehicle as ordered and the driver started moving the car contrary to a lawful order.  That initial movement was unfortunately towards an ICE officer.

The driver reversed and then went forward as evidenced on more than one video.  After backing up the wheels were cut to the left (driver's side) when they began to spin forward which is in the direction the ICE officer was traveling that was in front of the vehicle (from passenger side to driver side direction).  Whether the driver intended the front wheels to be in that direction to hit the officer or as part of backing up or for some other reason the fact is that it occurred and only the driver would know why the wheels were pointed in the direction they were pointed.  At the time the car's tires started moving (spinning) to supply forward motion the ICE officer was in front of the vehicle.  The car was lined up in his direction when the wheels started spinning (not straight or turned to the right away from him but in his direction of movement when initial forward motion occurred).  The officer was in front of the vehicle when forward motion began.  It takes about 1/4 of a second for the best of us to evaluate and act.  Another ICE officer was reaching in the car which may have caused the driver to react by leaning away from the reaching ICE officer which may have caused the wheels to turn to the right in a direction away from the ICE officer that was in front of the vehicle.  Maybe the ICE officer reaching in distracted the driver and prevented the driver from being aware of the ICE officer in front of the vehicle.  It does not matter why the driver did what occurred or what caused the driver to perform as she did.

From video the ICE officer that was in front of the vehicle would have been run over if he had not moved aside (passenger to driver direction) of the vehicle.  If you were in front of a vehicle and maybe heard an officer demand the driver exit, but had seen the driver resist by backing up, heard the wheels spinning and in a direction that would cause the car to hit you would it be reasonable for you to perceive intent to cause injury?  I think so.

Maybe the driver was scared, confused, angry, mad...whatever.  Only the driver really would know.  It does not matter what the driver's intent was to determine if this is a good shoot or not.  What matters for evaluating the shoot is what the perception was that the ICE officer had when evaluating the driver's actions and was that reasonable based upon what information (car performance and perhaps the refusal of a lawful order) the officer may have had at the time (a very brief time).

A video from above and on the passenger's side more clearly shows the ICE officer in the direct path of the vehicle and that he had to move to avoid being run over (and may have actually had contact with the fleeing vehicle). 

I believe it was a good shoot.  Do I think the driver was scared or confused....likely but that does not matter.

The driver refused a lawful order.  Refusing that order would not be a reason to shoot.  Imperiling life by moving a vehicle forward in the direction of a person could be a reason to shoot.

The ICE officer that shot the driver was in the path of a car with tires spinning towards him and then he reacted.

She may have been a good person.  That may not be true.  I don't know.  I do know that if you play stupid games you win stupid prizes. 

I also know that if a law enforcement official says exit the vehicle...I exit the vehicle. 

She was 37 years old and may have children.  Tragic.  Especially if she really does has children and if the report that her husband died some time ago is true. 

[TAB]

I am sure there is more to this than what we have seen in that 20 second video.