WWM2 8.46- good post.
Elegran 11.36- I agree- keeping cool under stress and appropriate training are critical for officers who carry guns as deadly weapons. Officers carrying deadly weapons need to have the training, skills and emotional stability to be able to make effective quick determinations about threat levels. They need to act and comply within the Department of Homeland Security's (DHS) policy on the use of deadly force.
Under DHS policy, agents are authorised to use deadly force if they believe they are at risk of death, imminent threat of death or grievous bodily harm. DHS policy has a specific clause that states officers can not fire at a moving vehicle unless someone in the car is threatening the officer or unless the vehicle is "operated in a manner that threatens to cause death or serious physical injury" AND "no other objectively reasonable means of defence appear to exist, which includes moving out of the path of the vehicle". The incident investigation- hopefully will explore and determine these issues.
Even if officials investigating determine Ross's shot first against Good was justified , objectively it will be harder to justify the second and third shots Ross fired as Good's vehicle pulled away from him.
The DHS has a shooting review board. The DHS Secretary said on public record the shooting was justified, the POTUS and VP have also publicly stated it was justified and VP- all in the immediate aftermath of the deadly shots, with incorrect factual elements and before investigation had started. The DHS shooting board is going to be hard pressed to look at the facts in isolation in those circumstances.
I read the CNN news article link in 2.28 post re Illinois and Minnesota separately fling lawsuits on Monday this week over immigration enforcement they call "unlawful and unconstitutional". The District judge decided not to issue a temporary restraining order to Minnesota but said her decision should "not be considered a pre judgement". She highlighted this lawsuit presents 'somewhat frontier issues in constitutional law".
As the CNN legal advisor outlined, whatever the lawsuits' chance of success, large or small, in uncharted circumstances without legal precedence, it is realistic to hope the judges who will hear the cases when they come to court will put ICE through its paces, calling witnesses, officials as witnesses, probes into ICE's training, policies and tactics and issues some sort of declaration that ICE needs to do things differently or better.
In all the circumstances we should not have to wait too long for these cases to come to court. Will be interesting to see how that dynamic plays out alongside DHS shooting board pronouncements.