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Military Firearm Restoration Corner

Border Shooting


Sailormilan2

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I am still trying to figure out the shooting at the US/Mexico border the other that involved a illegal immigrant smuggler. From what I have been able to determine, he had a load of illegals, tried to run, got surrounded, put his hands up, and got shot. So, far I have been able to determine that the vehicle "lurched" at some point, and that is when the BP officer fired, killing the driver, whom witnesses say had his hands up.

Now before anyone starts saying things like, he had it coming, he deserved it, etc., all Law Enforcement shootings in the nation are governed by a US Supreme Court case called Tennessee vs. Garner. In that case, the victim, Garner, got shot during an essentially non violent crime. The Supreme court ruled that in order to use deadly force, there had to be some showing that the suspect was a danger to the community/public. That he/she had used deadly force, could still use deadly force, and if fleeing, the crimes could continue.

So, I am somewhat puzzled by the fact that a car load of fleeing people does not, in itself, constitute any kind of an immediate threat to the public. No mention has been made that the driver waved a gun around. No mention has been made if the officer was standing in front of the vehicle when it lurched, thereby being endangered.

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There will be more to the story told,I bet cha.It's hard for me to believe a border patrol officer would shot someone without much cause with all those witnesses.I've had dealings with them a lot of times and know a retired officer,and they're some much cooler operating folks than some little Barney Fife out to make a name for themselves.2 sides to every story,and we've only heard the illegales side.Jerry

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