Experts analyze new video of fatal ICE agent shooting in Minneapolis
Cellphone video taken by the U.S. Immigration and Customs Enforcement agent involved in Wednesday's fatal shooting in Minneapolis of Renee Good shows a different view of the incident and the moments leading up to it.
To better analyze what's happening in the video, WCCO spoke with a use-of-force expert and a defense attorney.
Peter Johnson is the founder of Archway Defense, a company that has trained state, local and federal law enforcement in firearms for the past decade. He's also a former federal air marshal. Johnson said his biggest takeaway from the video was a crunching sound he heard immediately before the gunshots, which he believes is the sound of the SUV hitting the ICE agent.
"That data point for me shows that there was contact made with the agent, who is now in reasonable fear, who could clearly articulate being hit with an SUV as reasonable fear of great bodily harm or death. And then the shots were fired," said Johnson.
According to Homeland Security's policy, deadly force cannot be used to stop someone who is fleeing, though it is authorized when an officer believes that someone who's trying to escape poses a serious threat to the officer or others. The two narrow circumstances outlined in the policy are:
- When a person in the vehicle is using or imminently threatening deadly force by means other than the vehicle.
- When the vehicle itself is being operated in a manner that poses an imminent threat and no other objectively reasonable defensive option exists — explicitly including "moving out of the path of the vehicle."
Another point that stood out to Johnson is the face-to-face interaction the ICE agent has with Good, 37, as he walks by her window. Johnson said it proves that Good was aware of the agent's presence, whereas other videos could make it seem as if the agent suddenly appeared from out of view.
Other videos show the angle of the tires on Good's SUV when she accelerates forward, with some arguing the tires are in a direction indicating she was trying to drive away from the ICE agents. To those dissecting the videos, Johnson referenced a U.S. Supreme Court ruling, Graham vs. Connor. He summarized it by saying, "In a tense, uncertain and rapidly evolving situation, law enforcement officers are not to be judged in hindsight 20/20, but a reasonable officer's perception."
Rob Doar is a local defense attorney. He said the video both helps and hurts Homeland Security's stance that the ICE agent fired in self-defense. As for helping, Doar said it shows how quickly things unfolded leading up to the shooting.
"I myself have questioned the second and third shots," said Doar. "I think from that firsthand perspective, it makes it look like he may not have had the mental time to actually appreciate that the threat had passed."
He too pointed out the angle of the tires, stating that the video shows there's no way the ICE agent could have seen the direction they were pointing.
"Though he may have seen some direction of the steering wheel, but it's, again, it's not clear whether he would have appreciated that," said Doar.
As for hurting the agent's case, Doar said it shows Good had a pleasant demeanor while also saying to the agents that she wasn't mad at them.
"That lessens the indication that he is posing a serious threat to law enforcement," said Doar.
He questioned the positioning the ICE agent took in front of the SUV, saying courts could analyze whether that was a reasonable spot to place himself.
Lastly, Doar noted the expletives it appears the ICE agent said toward Good after the shooting. It sounds like the agent said, "F****** b****."
Pertaining to the vulgar comment, Doar said, "Self-defense is an affirmative defense where you're saying that you're fearful for your life. Courts could interpret that, or a jury could interpret as a mindset of trying to compel control or dominance over the situation rather than a sincere fear for his life."