Minnesota is in an uproar. Tempers are flaring, and no one knows what will happen.
But now a huge development in the ICE shooting investigation flipped the whole case on its head.
Fatal Shooting Involves ICE Agent in Minneapolis Confrontation
A 37-year-old woman, Renee Nicole Good, was fatally shot by an Immigration and Customs Enforcement (ICE) agent in Minneapolis after she accelerated her vehicle toward the officer during an attempted arrest.
Video footage showed Good speeding away, with the agent firing in response.
The Department of Homeland Security (DHS) stated that Good attempted to hit the officer with her car.
Good’s wife, covered in blood, was heard saying, “it’s my fault,” amid the incident.
Protests followed, leading to clashes between anti-ICE demonstrators and local police.
Former Prosecutor Analyzes Potential Assault Charge
Andrew C. McCarthy, former chief assistant U.S. attorney for the Southern District of New York, argued that Good’s actions likely constituted felony assault on a federal officer.
He cited Section 111 of the federal penal code.
McCarthy said, “even if the woman was mainly trying to get away (which is what it looks like to me), she was engaged in an actionable assault on a federal officer, a felony under Section 111 of the federal penal code.”
He explained, “to constitute assault, there need not be battery,” and “if the agent is put in reasonable fear of imminent harm, that’s enough.”
Drawing from a past case he prosecuted, McCarthy noted a defendant was convicted for appearing ready to swing at a probation officer without contact.
He added that using a vehicle as a deadly weapon could warrant up to 20 years in prison.
McCarthy observed, “She may not have intended to run him over, but she sure didn’t appear to be trying to avoid running him over if that was necessary to escape.”
Assessment of Agent’s Use of Force and Potential Investigation
McCarthy indicated the ICE agent is unlikely to face criminal charges.
He referenced Fourth Amendment standards and DHS policies allowing deadly force when a fleeing suspect poses a significant threat.
McCarthy stated, “Here, I believe the driver was in the act of committing a dangerous assault when the agent opened fire,” and “the driver’s reckless operation of the vehicle, coupled with the fact that she was heedless of harming armed law enforcement agents as they were carrying out their official duties, underscores that it was reasonable to believe she posed a serious threat to the agents and others.”
He emphasized the agent’s life was in jeopardy.
McCarthy predicted a state-led investigation, prompted by Minnesota Democrats, would face challenges due to federal non-cooperation and potential immunity claims.
He concluded, “Consequently, I don’t think the agent faces a real possibility of being charged and convicted. That doesn’t lessen the tragedy, and it won’t stop Democrats from encouraging civil unrest.”
Minneapolis Mayor Jacob Frey criticized DHS statements regarding the incident.