00:05:31.140You don't know, you know, whether she had threatened the other officer, and so there's some reason to believe that, you know, she would have been violent.
00:05:37.660Clearly, it's obvious that nobody should have ever obstructed the law enforcement operation and rammed their car into the operation.
00:05:48.320But I do think it's a tragedy regardless.
00:05:51.040And just from the articles and videos that I've read and seen, it looks like murder to me, just based off of the position of the vehicle and circumstances that the ICE officer was in and the woman was in.
00:06:03.540I'm not speaking to whether or not she should have been, you know, turning away or trying to evade arrest, which is the impression that I got based on the video.
00:06:10.280I'm not speaking to whether or not he should have applied deadly force.
00:06:13.080He did apply deadly force, and so I think every single shot needs to be looked at and justified.
00:06:18.860And the first one does not look justified to me.
00:06:21.440The two subsequent ones, which my understanding is that she was shot in the head through the side window, not even the front, don't look justified at all to me.
00:06:58.520I do think that it's going to be tough to prosecute him on the first shot, especially if it went through the front of the window.
00:07:06.740The other shots, though, that go to the side, you see her driving away, the wheels have turned.
00:07:12.660That is not a threat to the police officer.
00:07:14.420So I do think if you're going to prosecute him, you could have a better case on the subsequent shots when there was no real threat to the police officer.
00:07:31.860Well, that's going to be the defense, saying that I was defending myself and others, but so –
00:07:36.640Well, but also he's not a normal person.
00:07:38.200He's a law enforcement officer, so he will claim qualified immunity.
00:07:41.540Right, but if you can show that he acted unreasonably, so unreasonably, that you could triumph for murder.
00:07:46.940But qualified immunity pertains to civil, I understand, right?
00:07:50.020Also, federally, for a state to prosecute a federal officer, the federal officer is going to say, I've got this sovereign immunity here, this federal immunity.
00:09:00.160And people are highlighting this, saying, when you're an officer tasked with stopping somebody who's committed crime, presumably the obstruction committed by – and I say presumably because there's no trial for this.
00:09:10.420Renee Good, this is felony obstruction of a federal law – 8 U.S.C. 1357.
00:09:14.760So when they say, we are going to stop you and arrest you, and you decide to accelerate, the question is, if you find yourself in front of the vehicle, should you let the perpetrator escape or is the law enforcement duty to tell them to stop and brandish a weapon?
00:09:28.980The policy within the Department of Justice and DHS is that you don't stand in front of a vehicle and put yourself in that situation.
00:09:46.0408 U.S.C. 1357, obstruction of federal law enforcement, for which ICE does have the authority to arrest her.
00:09:51.960I'm not saying she was proven to have committed a crime, but there's probable cause on the law enforcement's part when witnesses on the scene said she was leading the protest to block ICE vehicles.
00:10:01.280That's a witness statement, and I know it's hearsay, but she went on to say, additionally, someone told me that she actually was doing it.
00:10:24.460Yeah, like multiple eyewitnesses were saying that it was unclear whether or not she was trying to comply with one instruction or the other.
00:10:31.580I also don't think that just the mere acceleration of a vehicle is enough to justify use of deadly force in every single instance.
00:10:37.900I think it needs to be reasonable from the officer's perspective that not only was the vehicle accelerating, but it was accelerating towards them.
00:11:00.600Now, I'm not saying, I actually don't think this cop should have shot her.
00:11:04.800However, it's easy to be looking at three different angles in slow motion and say he probably could have just spun out and taken a minor injury.
00:11:12.080Like you don't know what's going through his head.
00:11:13.860And also, that's the legal point, too, because not only do you have to go through all the legal barriers that you mentioned, Dave, but you also have to just prove that it's beyond a reasonable doubt from his point of view.
00:11:45.220I think it's fair to say both are occurring.
00:11:47.480The DHS officer is standing to the front right side of the vehicle and he takes a step to his left as the vehicle reverses.
00:11:53.620The pan of the camera makes both look a bit more exaggerated.
00:11:55.600But from the new angle we've seen from CNN, he's not in front of the vehicle, but he is taking a step to his right as the vehicle is reversing and turning to its right, creating this lineup.
00:12:07.500Now, here's where I see the most important part.
00:12:10.080As we move forward, we can see, watch the wheels tilted to the left, not to the right, and you can then see the wheel spin out.
00:12:30.160Due to ice being on the ground, it spun out and she released the accelerator or the ECS system, the electronic stability control, stops the wheel from spinning the moment it spins out.
00:12:42.240So this is something we've had for 20 plus years.
00:12:44.680After the wheel, which is aimed at him, spins out, which means he heard the engine go, he then pulls his gun.
00:12:51.860The vehicle right now, you can see the wheel is beginning to tilt, is still going forward.
00:21:50.080The Republicans are unwilling to enforce the law the American people voted for, and we are going to let individuals obstruct law enforcement, threaten the lives of law enforcement, and then when they present clear and reasonable threats to agents, we're going to make sure those agents go down.
00:22:04.740If Trump agrees that this guy should face any trouble, that's why I'm saying Trump might say this man will not face any charges.
00:22:11.720He tried pardoning Tina Peters, and he can't because she's at the state level.
00:25:44.060How would shooting at her stop, because they're not trained to step in front of vehicles, and they're also not trained to shoot at somebody in a vehicle, because that's not actually going to prevent anyone from being harmed.
00:26:28.000ICE and DHS said the vehicle attempted to ram him, and conservatives are saying the vehicle backed up to aim at him, and liberals are saying, no, he walked in front of the vehicle.
00:27:53.300If a death happens in the course of a felony, that's felony murder.
00:27:57.020That's what, by the way, the officer would be charged with if he's charged with murder because the felony could be the aggravated assault where you point the gun and then the death would be part of the murder.
00:28:10.280So that's how they got also Chauvin, a secondary murder for the same reason in Minnesota.
00:28:15.840So somebody just asked, if you're attempting to evade police and in the process, through any means, even if you're just running, say you're running towards an officer, could that be construed as an assault?
00:29:12.480And if I can read the policy, it says that firearms may not be discharged at a moving vehicle unless, number one, a person in the vehicle is threatening the officer or another person with deadly force by means other than the vehicle.
00:29:27.920And so that wouldn't apply here, right?
00:30:18.780It's easy to look at slow motion videos and just know.
00:30:21.820But he didn't walk in front of the vehicle.
00:30:25.400There's a combination of factors that placed him in front of the vehicle, including a step he took, which I would say I don't think he intended to stand in front of the vehicle.
00:30:31.820I also don't think Renee Goode intended to place an officer in front of her vehicle.
00:30:35.440I believe she intended to evade arrest.
00:30:37.580And in the process, the circumstances aligned by which both are now in this circumstance.
00:30:41.080So I don't think – I said the other day when I watched the video footage of the tire spinning out right there, that's hitting the gas.
00:30:49.600And he's standing right in front of her.
00:31:04.960And then I said, I think she actually did intend to kill him.
00:31:08.340However, new video footage has come out.
00:31:10.380And after further analysis, I'm going to walk back a little bit and say, my assumption right now is she was trying to evade arrest and did not care if she killed this man in the process.
00:32:19.220And the federal government is not going to cooperate in what there should actually be a comprehensive investigation with cooperation on both sides.
00:32:34.940And I'll tell you my personal bias because I'm sure a lot of people are going to say functionally and reasonably we have to have a system and all that.
00:32:40.460But my personal bias is that I can't be at my home studio right now because someone drove by and took three shots at me.
00:32:46.240These people are not operating in good faith.
00:32:49.280They're celebrating the death of Charlie Kirk.
00:32:51.060And if this cop died, they'd be dancing on his grave right now and doing the exact same thing they're doing.
00:32:55.720So if we keep bending the knee to people who are committing crimes and calling for the murder of others, right now they're chanting, Christy Noem should be hanged.
00:33:03.300If we say we're going to play softball with people who are actively murdering us, we're dead.
00:34:03.380Well, to me, that's the only thing that's relevant is use of force in that specific incident, regardless of what her ideology is personally or what her beliefs are, what she was up to earlier in the day.
00:34:13.300Her activity in the moment is the most relevant thing to me as far as just looking at the use of force.
00:34:18.320The perception of danger matters for the legal case very much.
00:34:23.080But also, it doesn't just hinge on his subjective.
00:34:25.360I think getting hit by a vehicle is enough.
00:34:26.580It doesn't just hinge on his subjective interpretation of whether or not his life was in imminent danger because, like Dave said, it's also going to factor in an objective analysis.
00:34:34.840So would a reasonable person in the same circumstances as this individual act the same way or be rational to think that they need to act the same way?
00:34:43.340And I tell you what's going to happen.
00:34:45.240They're going to – let me pull up this – I'll pull up this post as I talk about it.
00:34:49.680They're going to highlight the serious injuries he had received after being struck by a car six months ago.
00:35:13.520What does this have to do with justifying use of force?
00:35:16.140So the question is, does he have reasonable fear of being killed after six months ago on the job he was struck by a vehicle and dragged 300 feet and seriously injured, had to get 33 stitches and was covered in blood?
00:35:25.940So now a vehicle has struck him, and so this does play to whether or not he perceived a threat.
00:35:30.700Well, that speaks to whether or not he's traumatized, but I don't know that just because he's traumatized in a past incident –
00:35:35.720But that's the legal standard, is that if a reasonable person were in his circumstances, not if we were –
00:35:40.400Well, in those exact circumstances, not if they lived –
00:38:55.680No, I literally just dropped my weight and belly flopped on the ground as bullets whipped crack past my head.
00:39:01.360When I was shot at the second time in Ferguson and the police told us to run from the bullets, I didn't know which direction I was running.
00:39:07.720Even though it took 15 seconds, my brain, it's tunnel vision.
00:39:48.280He is law enforcement that's trained to be able to handle a weapon properly.
00:39:52.120And even in these high-state situations, the whole point of all of their training is to be able to act with more precision than the average person.
00:39:59.120Yeah, that's a disciplinary issue of training, not a murder issue.
00:40:15.860Well, but if he did, if he does violate the policy, but if he did violate the policy, and which policy did violate, he violated the policy where you don't stand in front of a car and you don't shoot if you could step away.
00:40:28.220As we've already gone through, both he and the vehicle line up.
00:40:31.420I do not believe that shows his intent to get in front of a vehicle.
00:40:34.600I think the circumstances created that scenario.
00:40:38.080I'm not going to blame her for putting him in front, nor he for getting in front, because you can say they both make movements.
00:40:42.580So that means in a second, he does not know the vehicle is going to turn and point at him as he's stepping to his right.
00:40:48.380He might think he's going to the front right side of the vehicle and not in its path, but it turned in front of him.
00:40:52.960There was no alternative there at that point.
00:40:54.420There was no alternative to avoid the confrontation he had to shoot to save his life.
00:40:58.520Did he know the vehicle was going to accelerate towards him?
00:41:01.640I think the way that it was turning away from him, I don't think that there was ever a real threat to his life.
00:41:06.740I don't think you can argue that within the span of two seconds, he calculated exactly what the car was going to do as it turned to face him and he was walking to his right.
00:41:29.920The second thing you say he violated was that he shouldn't discharge a firearm unless the vehicle was acting in a matter that threatened his life.
00:42:02.860And that's the problem with this case as a prosecutor is that because you can debate this, it's going to be hard to convict beyond any reasonable doubt.
00:42:16.500Especially with this photo right here.
00:42:17.740For the last two shots, I think that there's a good chance that you could get some, like, a jury to say that there was no need to apply lethal force in that instance, that it's not reasonable from, you know, neither subjective, in my opinion, or objective perspective, that he could have believed that his life was in imminent danger and she needed to be shot that second and third time.
00:43:21.300And then after the trial, you're going to find out they have a whole wall of Facebook posts about how they're liberals because that's already happened.
00:43:47.300This is what we have to deal with all the time.
00:43:49.240Like, I was having a conversation recently with a guy who said he was a liberal.
00:43:54.240And I said, what does it mean to be a liberal or conservative in this country right now?
00:43:57.360It means you either know what's happening or you don't.
00:43:59.120And he said, I actually don't watch the news at all.
00:44:01.520And I'm like, I know because my policy positions are like pro choice, pro progressive tax and would align with any normal liberal worldview.
00:44:10.960Except when I say a thing happened, they go, you're a conservative, not for having said that.
00:44:15.200Being conservative just means you believe a set of facts.
00:44:18.100And liberals tend to be people who don't watch the news or get their news through lies.
00:44:22.560For example, the photo that's being shared far and wide by the left is this.
00:44:29.600The officer pointing his weapon at the side of the vehicle, which certainly did happen, but is after the fact context.
00:44:36.420They're taking this screenshot and they're saying he walked up to the car and executed her.
00:44:42.120When in actuality, she justifies that.
00:44:45.280What context justifies those two additional shots?