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Originally Posted by VitaMan
The ICE officer managed to get off 4 shots.
When he fired the first one, video shows he was clearly in front of the vehicle and drew his gun.
Bullets 2,3 and 4 were fired when he was alongside the car.
The first shot is justified as he is in immediate danger of being run over.
The others are not and likely could be grounds for a successful prosecution.
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Four shots? This is the first I heard about a fourth shot. Three is the number being brandied about. So, does that mean one of the bullets went totally off course and he missed at such short range?
I only concentrated on looking at the initial video I saw of the incident and what was clearly seen (by what was visible from the person blocking most of the view in front of the shooter) is that the first shot I see, that hit the windshield, the shooter legs have clear distance to the side of the tire that is turned away from him. The angle of impact shows that he leaned into the vehicle. And if the shot from that round hit her, he leaned especially hard since he is right handed.
Being that he was not squarely in front of the vehicle on that shot, he was not gravely in danger of his life. And rules of engagement from his employer, and other departments I might add, specifically say that the use of firearms is not allowed.
Quote:
Originally Posted by VitaMan
Video clearly shows he is in front of the car and the car starts moving into him. Use of deadly force in that situation is written into law. I could post the photo of him drawing his gun when he is in front of the car.
This ICE officer got into a similar situation before and was dragged quite a distance by the vehicle.
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Video does show that he is clearly in front of the vehicle. You remiss yourself by not stating that he his walking around the vehicle and the front is part of his route. The moving of the vehicle is not with him directly in front and the driver is not steering the car in his direction.
Use of deadly force in that situation is not written into the law.
Drawing the gun and where the actual threat is one the gun is cleared of the holster and being placed on a target are two entirely different situations.
He definitely was in a situation where he was dragged by a vehicle. His superiors were either negligent in not reviewing that incident and showing where he deviated from the book in what he did.
You fail to mention in another department he worked that the actions he took in Minnesota were the norm:
Police Executive Research Forum (PERF) Report: A scathing, initially hidden, 21-page report by the PERF, commissioned by Customs and Border Protection (CBP) and reviewing incidents from January 2010 to October 2012, found that agents frequently put themselves in the path of moving vehicles to justify using deadly force. The report concluded that some agents fired in frustration at rock-throwers and that the agency lacked diligence in reviewing these incidents.
Quote:
Originally Posted by VitaMan
He was in front of the car. There is no debate on whether he has to justify being in front of the car. He does not have to justify it.
The video clearly shows he is in front of the car when the car starts moving forward toward him. I can post
a photo from that video if you like. He draws his gun from the holster at that time.
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Yes. He was in front of the car. Walking. No debate he was walking around the vehicle.
He does have to justify his use of the firearm if this was a pre-trump era country. But at the moment, his superiors jumped out the gate before any semblance of an investigation started stating that the guy ain't got nothing to worry about.
Again, the timing of drawing a gun and the leveling of said gun at target is different from when a threat is clear and when the threat is gone. All in the timing.
And the timing shows he was under no threat when the gun was leveled.
A *guess* would be that his mindset from border patrol days wrongly stuck with him. But it seems his bosses are going to let that go.
But there is alot of heat that has been generated from the action.