Minneapolis ICE shooting; Wisconsin legal expert explains next steps

MILWAUKEE - The fatal shooting of a Minnesota woman by an Immigration and Customs Enforcement agent is dividing the country, with some calling it murder and others arguing the officer acted in self-defense.

What we know:

The FBI is leading the investigation into the shooting. Minnesota officials say the state has been told it will no longer help in the investigation.

This comes as debate continues nationwide over what happened in Minneapolis.

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Former federal prosecutor James Santelle said it is far too early to determine how the case will ultimately be resolved.

"Because we’re so early in this, I think it would be reckless, frankly, for any prosecutor, even any investigator, to tell you with certainty where it is that this case is going to go," said Santelle, former U.S. Attorney for the Eastern District of Wisconsin.

Santelle said the case centers on constitutional standards governing when law enforcement may use deadly force, including guidance from the U.S. Supreme Court.

What they're saying:

"This is a Fourth Amendment issue. It's constitutional in dimension, and the Supreme Court has as late as last May, even pontificated upon the circumstances under which deadly or lethal force can be used by law enforcement," said Santelle. "What the Supreme Court said was, you look at the totality of the circumstances. You don't just take a look at the particular event that we just talked about. That is the vehicle moving in front of or just adjacent to the officer. You look at everything before and after that." 

Investigators are expected to review video, interview witnesses, reconstruct the scene and analyze events before, during and after the ICE agent shot and killed Renee Good.

Santelle said investigators will closely examine whether the use of deadly force met constitutional and Department of Justice standards.

"The Constitution and the Supreme Court has said, the Department of Justice has said in its policy that that is the last resort, that law enforcement under all these circumstances should only, only use that kind of lethal force, that death, that prospect of death, when everything else has been exhausted, and that is the only way in which you can preserve life or prevent some serious bodily injury," said Santelle, former U.S. attorney for the Eastern District of Wisconsin.

Investigators will also assess the officer’s positioning at the time of the shooting.

"Basically, law enforcement is told you do not get in front of a moving vehicle. Why? Because of exactly the kind of thing that happened here," he said. "You don't want to put yourself at risk as the officer, and you don't want to create a situation where the only way out is to engage in lethal force."

Another key question will be whether the driver was attempting to strike the officer or flee.

"The Supreme Court, Department of Justice, policy has also said, you do not use lethal force. You do not raise this prospect of death, even if the target, the subject, if, in fact, they are fleeing, because that, again, is a circumstance where you can preserve life without engaging in that," said Santelle.

Dig deeper:

He said he is concerned the federal government is not allowing Minnesota authorities to assist in the investigation, noting that both have jurisdiction.

"I'm horrified by that. That should not happen," he said. "And the people of America, the people of Minnesota, people of Wisconsin, should look at that and say, ‘Something is not right there.’"

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The case has sparked responses across the country, including in Milwaukee.

"It’s a tragedy all around, but one could argue it may indeed be a tragedy she invited on herself by her own actions. I certainly feel sorry for the family losing anyone," said state Rep. Bob Donovan, R-Greenfield.

Reactions to the shooting from elected leaders in Wisconsin reflected sharply different views on the circumstances surrounding Good’s death.

"My family saw that video as well, and all of us are praying for the young child who lost his mom yesterday," Milwaukee Mayor Cavalier Johnson said. "So as I said before, we've got to have accountability and we certainly have to have justice in this incident as well."

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