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The more difficult question, as in so many of these cases, is one of intent. Prosecutors must prove the agent’s thinking and motivation. To this end, there is evidence that Agent Ross did not view Ms. Good as an imminent physical threat. Multiple videos show, for instance, that Agent Ross’s own vehicle was able to get around Ms. Good’s SUV, that he chose to walk around the front of Ms. Good’s vehicle (thereby exposing himself to possible harm, and against DHS policy) with one hand occupied by a cell phone, and that, just prior to the shooting, Ms. Good told the agents, “I’m pulling out.” Other evidence suggests that Agent Ross may have shot because he felt annoyed or disrespected by Ms. Good and her partner, rather than out of fear for his safety. The former are improper motivations that would support § 242’s willfulness prong. From the outset, for example, videos show that Ms. Good and her partner stopped their SUV in the street and honked the horn
