Together, these facts are more than enough to show the allegation that Agent Ross willfully used excessive force when he shot Ms. Good is a serious one. And because that allegation, if proven, would constitute a violation of federal law, it is wholly appropriate to open a formal investigation into the shooting. (Indeed, it is no wonder that an initial FBI review reportedly concluded that opening an investigation was justified.)
Based on my experience, further investigation should build on the early indications of Agent Ross’s intent. That issue will almost certainly boil down to whether evidence shows the agent actually did fear for his (or others’) safety, or whether he unlawfully acted out of anger, in retaliation, or to stop Ms. Good as she drove away. On the last point: to the extent Agent Ross was taught even the most basic law governing uses of force, he was likely told that the use of deadly force to prevent someone who poses no immediate threat from escaping is constitutionally unreasonable. Tennessee v. Garner, 471 U.S. 1, 11 (1985).
