Almost immediately after an Immigration and Customs Enforcement (ICE) agent fatally shot Renee Nicole Good, 37, in Minneapolis, federal officials described the incident as a justified use of force. Department of Homeland Security Secretary Kristi Noem stated that the agent acted in self-defense and accused Good of using her vehicle as a weapon.
Critics, including several Democratic officials in Minnesota, called the agent’s actions reckless and preventable. The Minnesota Star Tribune interviewed five legal experts on law enforcement’s use of deadly force to discuss the shooting and related issues. Their assessments were based on currently available information.
Four experts reviewed videos showing some moments before Good appeared to drive her car toward an agent who then fired. All questioned the decision to shoot at a moving vehicle; some labeled it a “bad shooting.” Others noted that while the agent may have feared for his life, most police departments discourage firing at moving vehicles because it rarely stops the car and can endanger bystanders.
The Minnesota Bureau of Criminal Apprehension (BCA) and FBI initially discussed a joint investigation but later announced that federal officials would proceed independently without sharing information. Legal experts remarked that such independent investigations are unusual since cooperation helps avoid bias.
“It could hamper the state’s ability to conduct an investigation to some degree,” said John Gross, law professor at the University of Wisconsin in Madison. “The local folks may not know what agents were on the scene and even if they do, those guys may not cooperate with them – they may not give them a statement.”
At a news conference on January 8, BCA officials indicated they might be unable to present a case for prosecution without access to evidence from the scene.
ICE is governed by federal rules permitting deadly force only if there are reasonable grounds to believe it is necessary to protect someone from imminent danger of death or serious injury. Violations can result in administrative penalties such as suspension or termination. Minnesota law is similar but also allows deadly force if an officer believes a fleeing individual has committed a felony and poses further danger if not apprehended.
Experts expressed surprise at how quickly top federal officials defended the shooting. Noem referred to Good’s actions as “domestic terrorism.” They said authorities usually avoid public conclusions before investigations conclude.
“I think that was wildly irresponsible,” said Seth Stoughton, law professor at the University of South Carolina. “There are certainly situations where there is significant evidence that might suggest an early conclusion, but even in those cases no responsible agency will announce what appears to be a definitive conclusion prior to a full investigation.”
Most departments train officers not to shoot at moving vehicles due to risks posed if drivers lose control.
“Most police departments in the country – including Hennepin County – have policies that prohibit officers from firing at moving vehicles,” Gross said. “There are very few narrow exceptions to that rule.”
Dennis Kenney, professor at John Jay College of Criminal Justice in New York, explained these policies exist because shooting does not stop cars and can cause loss of control—an outcome seen when Good’s car continued forward after she was shot.
“If someone is trying to get away from the police and their attempt does not endanger someone, then the use of deadly force would be inappropriate,” Stoughton added.
None of the four experts who viewed video evidence believed it justified deadly force.
“I would say it’s a bad shooting,” Kenney said. “In my view, the video shows the officer who did the shooting deliberately moved himself into a blocking position and clearly had time to get out of the way – because he did.”
Gross agreed: “I don’t see how anybody who is a conscientious member of law enforcement could view that video and not have serious concerns about what the officer did.”
Mylan Masson, retired Minneapolis police officer who directed training programs in Minnesota, described it as “questionable” given ongoing investigations and incomplete facts.
Jeffrey Noble, former deputy police chief in Irvine, California, commented: “A ‘reasonable officer’ would have taken a step or two away from the vehicle to get out of harm’s way. He didn’t do that.”
All experts agreed local authorities could prosecute ICE agents if warranted by evidence—even if federal authorities clear them—since states can charge federal officers for violating state laws under certain conditions.
“States can prosecute federal officers for violating state criminal laws, and they have a long history of doing that,” said Bryna Godar from University of Wisconsin Law School’s State Democracy Research Initiative. “Federal officers do have immunity in some circumstances, but that protection only applies if federal officers are reasonably acting and carrying out lawful federal duty.”
However, criminal charges against officers remain rare according to Kenney: “Most often it is a civil matter… Bringing a criminal charge against an officer is very difficult… It takes a fairly egregious example…”
Experts emphasized key evidence includes where officers stood during shootings; generally if there was time to shoot there was time for retreat instead.
“The general rule of thumb is if you have time to shoot you have time to get out of the way,” Kenney said. “So the explanation that you felt your life was at risk is generally not well received.”
According to reporting by The Trace, ICE agents have shot at least 14 people since July; most incidents did not result in injuries.
Recent incidents include ICE’s fatal September shooting of Silverio Villegas González during an attempted arrest when an officer was allegedly dragged by González’s vehicle; another involved Marimar Martinez being shot multiple times during an October operation in Chicago—a case where initial charges were later dropped after conflicting accounts over whether Martinez used her car as a weapon or was struck herself by agents’ vehicles.
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Walker Orenstein and Jeff Day contributed reporting.
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