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Minnesota Could Prosecute the ICE Shooter. Trump Can’t Pardon Him. (slate.com)
submitted 10 months ago by to c/news@lemmy.world
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Article is for subscribers, but yahoo has a version up with ads (if one doesn’t have an adblocker, that is)

https://www.yahoo.com/news/articles/yes-minneapolis-prosecute-ice-shooter-224628104.html

If they conclude that state law has been violated, the question is: What next? Contrary to recent assertions from some federal officials, states can prosecute federal officers for violating state criminal laws, and there is precedent for that.

Although federal officers do have immunity in some circumstances, that protection applies only if their actions were authorized under federal law and“necessary and proper” in fulfilling federal duties. When federal officers violate federal law or act unreasonably when carrying out their duties, they can face state charges.

States have a long history of prosecuting federal officials for allegedly using excessive force on the job. And when federal courts agree that the force may not have been legally justified, they have allowed the state prosecution to proceed.

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[–] 58 points 10 months ago* (3 children)

Also, from what I saw she was complying with the commands to clear the road.

Not that brownshirts would realize why that’s a stupid game to play.

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    • [–] 101 points 10 months ago (1 child)

    If they conclude that state law has been violated

    I'm not an expert in Minnesota law, but I am pretty sure murder is illegal there.

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    • [–] 38 points 10 months ago (10 children)

    Charge them all and their superiors with felony murder

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  • [–] 13 points 10 months ago (2 children)

    I'm thinking terrorism, but I'll settle for whatever sticks and makes all of these traitors reevaluate their life choices.

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  • [+] -11 points 10 months ago* (last edited 10 months ago) (6 children)

    You can’t charge anyone but the murderer with felony murder charges.

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  • [–] 11 points 10 months ago (3 children)

    https://en.wikipedia.org/wiki/Felony_murder_rule

    The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.[1]

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  • [–] 1 point 10 months ago (2 children)

    Okay, I admit that’s an interesting fact I wasn’t aware of. However, based on the Wikipedia article you linked to, I seriously doubt one could expect the charge to hold up against ICE superiors. It might work to charge the other officers that were there when the woman was killed, but I would bet charging anyone absent of the direct event would be deemed too remote.

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  • [–] 5 points 10 months ago (1 child)

    Case law in the US has at least one example of someone being convicted of felony murder simply for letting another person borrow their car with no other significant connection to the case.

    https://en.wikipedia.org/wiki/Ryan_Holle

    In the early morning hours of March 10, 2003, after a night of partying, Holle lent his car to his friend and housemate William Allen Jr.[1] Allen drove three men to the home of Christine Snyder, where they took a safe containing approximately 1 pound (454 g) of marijuana and $425.[3] During the burglary, one of the men, Charles Miller Jr., used a shotgun found in the house to strike and kill Jessica Snyder.[1][3] Holle was about 1.5 miles (2.4 km) away at the time.[1]

    John Oliver has a great segment on how fucked up this law is: https://youtu.be/Y93ljB7sfco

    That said, you're right in that it is highly unlikely any of the higher-ups will be held responsible.

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    • [–] 36 points 10 months ago (1 child)

    Please do.

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    • [–] 20 points 10 months ago (3 children)

    And when federal courts agree that the force may not have been legally justified, they have allowed the state prosecution to proceed.

    Ah, see, here's their loophole. They'll just get the SCOTUS to say that states cant prosecute federal officers.

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  • [–] 12 points 10 months ago (1 child)

    I'm just waiting for the "daddy trump is allowed to do everything and anything he wants and no one can stop him" ruling.

    They so clearly want to do it, just tear off the bandaid so we can get this show started. I hate sounding like an accelerationist but this slow fade into full fascism is convincing enough for libs to think were we're just in a bit of a rough patch, and not that the liberal democracy era of America is over and dead.

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  • [–] 9 points 10 months ago*

    They have to claim the force was legally justified. They have to say out loud that it’s ok to walk up to a car just trying to get out of the way, stick your gun through the window against the side of someone’s head and murder them.

    The most horrifying part of that video for me is just how calm everyone is. No one is in danger, no one is at risk, there’s not some “fog of war”, it’s just a masked gunman calmly walking up em to a citizen and straight up murdering them, then calmly walking away.

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    • [–] 17 points 10 months ago (1 child)

    Former U.S. Attorney Tom Heffelfinger explained that both the U.S. Attorney in Minneapolis and the Hennepin County Attorney could investigate the case. However, it would have to be determined that the agent's actions were "unreasonable" before any action can be taken.

    "There is no burden on the federal agent to prove anything," said Heffelfinger, who was the U.S. Attorney for Minnesota from 1991 to 1993 and from 2001 to 2006. "It's a criminal case; therefore, the burden of proof is on the prosecutors."

    https://www.kare11.com/article/news/local/ice-in-minnesota/can-a-federal-agent-be-charged-by-the-state/89-9295f921-bdb6-46e9-b14b-9d0ccbb6d318

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  • [–] [S] 3 points 10 months ago

    Well, yeah but that's always the case. That's like saying it's the offense's job to move the ball down the field.

    They mentioned a Ruby Ridge case where the sniper who killed some people was tried in state court. It was approved by the State (appeals? supreme? not sure) court to go ahead, but even that took a couple of years.

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    • [–] 5 points 10 months ago

    Democrats could represent us. Could...

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    [–] 4 points 10 months ago

    I highly doubt they will.

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    [–] 4 points 10 months ago

    Could, but won’t.

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    [–] 2 points 10 months ago

    They won’t, and he will anyway.

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    [–] 0 points 10 months ago (10 children)

    So Americans still believe cops can go to jail for shooting people? This explains why the law never changes. You can't fix a problem if you don't know it exists.

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  • [–] [S] 4 points 10 months ago (5 children)

    16 year sentence ain’t nothing.

    But sure, everyone who doesn’t live here knows all about living here. As usual.

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  • [–] -1 points 10 months ago* (4 children)

    Yes, there was also an office convicted for shooting a guy that was sitting on a couch, in his own apartment, eating ice cream. There are shootings and then there are shootings. Can you find an example when officer was convicted for shooting someone driving a car in his direction?

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  • [–] [S] 4 points 10 months ago (2 children)

    You mean you want to state a new misrepresentation then have me research support against it?

    No.

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  • [–] 1 point 10 months ago* (1 child)

    Ok, forget about the car. Take the shooting of Daniel Shaver. There was a body cam footage and he was shot while crawling on his arms and knees on the floor, unarmed. He was shoot because he got confused by conflicting orders shouted a him by two cops and for a second looked behind him. The cop was found not guilty by the jury. Philando Castile was shot when reaching for his documents after he was told by the cop to get his documents - acquitted by the jury. Yes, in some cases when the shooting is absolutely out of this world outrageous the cop will get convicted. If there's a tiniest sliver of justification (he was holding a sandwich, he reached for something, she moved) it's pretty much impossible to convict a cop in US. In this case there's way more than enough to acquit the ICE agent.

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  • [–] 1 point 10 months ago (3 children)

    Oooh you touched a nerve. Good job. I upvoted you for speaking the truth.

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  • [–] 0 points 10 months ago* (last edited 10 months ago) (2 children)

    Lots of delusion around here recently. People really believe Trump will resign because of Epstein files, AOC will be the next president and all ICE agents will end up in jail.

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