The agent positioned himself in front of the driver side bumper and we know she turned away as he shot her from the direction of travel of the car. His proximity is what kept him from being severely injured.
You've got to agree that it’s poor judgement to place yourself in the possible directions of travel of a car. You use vehicles and barriers to stop vehicles, not bodies.
And who shoots at a moving vehicle and in the direction of fellow officers and has no apparent realization of their backstop?
Yes, I agree that this shoot will ultimately be determined justifiable. I do think the lack of transparency is bad. Have the locals independently investigate and share/compare notes. What's the harm?
The officer in his post-shoot debrief will sufficiently articulate his reasonable belief that he was in danger of death or severe bodily harm. Case closed.
But I still can't help but arm-chair-quarterback this. And I'm not even law enforcement! Just a lowly lawyer who has had to cross examine plenty of officers about their training, experience, department policies and procedures.
I get the idea of OIJ. But if you have a good tactical training background, the probability of OIJ should be lower, right?
Here, it's not a riot. There are not Molotov cocktails being hurled or hundreds of people and burning cars.
This just looks like bad tactics all around.
The investigative measure applied herein can’t be limited to the moment of the shooting. The officer’s actions must be objectionably reasonable and necessary given the totality of circumstances. I can't recall the exact language of Barnes v Felix, but you can't isolate a shoot to the "moment of the shot," so here, you have to consider the poor training, poor decision making, poor judgment, poor tactical control, poor tactics and all the other facts leading up to the incident.
I betcha this video will become a training aid of what not to do.