Woman Killed by ICE Agent II

More video of the incident has emerged and it's incredible how people will see what they want to see. Of course I'm not immune from this and neither is anyone else but I will try to be as impartial as I can.

I've watched videos from several angles repeatedly and here is my interpretation of the incident. The key individuals in the incident are Renee Nicole Wood who was in her Honda Pilot and Jonathan E. Ross who fired the fatal shots.

Ms. Good was using her car to interfere with ICE agent operation. Her wife was doing anything she could to incite the agents.

One agent apparently gets fed up with the antics, yells at Good to get out of the car and attempts to open the driver side door but it's locked. Good's wife tries to get into the passenger side but that door is also locked. Ross is near the front of the car video taping.

Good has by this point stacked up at least two charges. She is interfering with police operations by blocking the road and has refused a lawful order to exit her vehicle (see Pennsylvania v. Mimms).

Good now apparently chooses to flee the area. This adds a third charge of fleeing and eluding. She steps on the gas, turns the wheel to the right and strikes Ross who has moved to the left front of the car. This is battery on a Law Enforcement Officer with a deadly weapon.

This is where things get a little fuzzy. When was the first of the three shots fired? If it was fired prior to contact, or during contact, then it's self defense and justified. If it's fired after the danger has passed and Good is already fleeing then it is unjustified use of lethal force.

The key court case here is Tennessee v. Garner where the SCOTUS ruled that the Fourth Amendment prohibits the use of deadly force unless it is necessary to prevent the escape of a fleeing felon and the officer has probable cause to believe that the suspect poses a significant threat of violence to the officer or the community. 

It looks to me that the front of the car has already passed Ross and that Good was clearly in the act of fleeing the scene before the first shot is fired. Clearly, the other two shots were fired after the immediate danger had passed.

But it's close. It's a matter of one or two seconds and maybe not even that much. Can we seriously hold a human being, even one supposedly highly trained, to that sort of accuracy?

I don't know. But what I do know is that it's up to a jury to decide. Ross should be arrested and charged with either 2nd degree murder or voluntary manslaughter, a Grand Jury should decide whether he should be indicted and a jury of his peers should decide if he's guilty. I don't understand why this isn't happening.