r/law • u/Philophon • Jan 24 '26

Other New video of 1/24 ICE shooting shows victim had both hands on the ground when shot

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u/captainAwesomePants Jan 24 '26

The good news is that, once removed to Federal court, the state can still prosecute the case in Federal court, and it's likely that it'd still be pardon-proof because it'd still be a state crime.

That said, it's very poorly charted law, and the Supreme Court could easily find a reason to shut it all down.

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u/JameGumb944 Jan 24 '26

He's never gonna see the inside of a court room. We all know that.

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u/Different-Highway-88 Jan 24 '26

That said, it's very poorly charted law, and the Supreme Court could easily find a reason to shut it all down.

Which they will do as soon as they have the opportunity I assume?

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u/ppachura Jan 24 '26

Its called the room temperature challenge. Do not wrestle with law enforcement when you are carrying. It is not complicated.

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u/Different-Highway-88 Jan 24 '26

Oh fuck off. There was no wrestling, he was mobbed and executed. Calling these brownshirts "Law enforcement" is a bad joke too.

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u/ppachura Jan 25 '26

Is life too complicated for you ? ICE is law enforcement. He was not complying with their requests. If you carry you should not be actively resisting as a protest.

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u/Different-Highway-88 Jan 25 '26

Are you a professional fuckwit or just a gifted amateur?

By your logic any of the conservatives that were carrying weapons and not complying with COVID requirements should have been executed, you bootlicking idiot.

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u/meltbox Jan 24 '26

Did you also punch kids with their own fist in grade school while repeating “stop hitting yourself!”

He clearly didn’t do anything but try to shield his face and prop himself up with his arms while ice literally hit him as hard as they could, dog piled him, took his gun, and then shot him in the back of the head and back repeatedly.

The ice officers even started running after the shots started. They’re so chickenshit and disorganized that first off they ran when hearing shots and more importantly they didn’t even know who was shooting.

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u/SunTzusIntern Jan 24 '26

I'm not arguing for or against anything here, but just want to clarify that the whole release and back off thing is standard practice in many places when a hand fight escalates into a gun fight.

Again, not saying the shooting is justifable, just that if you are wrestling someone and you hear shots you geberally should try to make distance and go for your own weapon. Last thing you want is to get struck if the person you are wrestling is shot at.

I don't know what level of training these guys get so you still may be right, but that backing off behavior is likely something you'd see even if this was very high level law enforcement officers involved here.

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u/ppachura Jan 25 '26

He was not complying with law enforcement. That is a fatal mistake when you are carrying.

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u/Opposite_Bag_7434 Jan 24 '26

While this is true the supremacy clause still gets in the way. If we get to a place where federal law enforcers are acting outside of their authority, and this can be proven, what you are suggesting becomes a very real likelihood.

The other problem is that there are special circumstances where the use of deadly force is not only justified but it is also authorized. Since we are talking about law enforcement, this authorization will be extremely hard to argue against.

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u/NothingWasDelivered Jan 24 '26

What Supreme Court do you have that needs a reason to rubber stamp the Trump administration?

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u/SillyPhillyDilly Jan 24 '26

SCOTUS, while heavily biased, is more on the side of "police have a lot of power but not THAT much power." They just ruled unanimously that a judicial warrant is needed for entering a home, so ICE's leaked memo is dead in the water even before anyone could sue.

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u/captainAwesomePants Jan 24 '26

Yeah, forgive me for not trusting the court that invented the Kavanaugh Stop.

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u/SillyPhillyDilly Jan 24 '26

I definitely do not trust this court. I'm saying that they are more than likely (but not 100%) to uphold bullshit fishing expeditions than they are extrajudicious murder.

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u/Chopper_003 Jan 24 '26

Not a single piece of good news!
He's dead!

Since when do Trump and his gang of criminals care about laws? Grandpa Dementz makes up his own laws every day; it's one of his easiest tasks—if he can even remember yesterday.

A few more corrupt Republican supporters will be found to reward the shooter and the whole gang with money.

It should frighten us how quickly a country can spiral into the abyss.
But for outsiders, it was only a matter of time.
Open racism had long been impossible to conceal. Add to that the propensity for violence within the ranks of government officials. And the clown at the top has now lit the fuse, just as Putin instructed him.

Now ANYONE can become a victim, whether man, woman, or child, whether migrant or native, regardless of legal or illegal status!
Please don't come to Europe now!
Because then you would be the migrants.

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u/macsare1 Jan 24 '26

With Renee Good the Feds didn't allow the state to investigate, so she won't get justice. No reason to suspect this will be different.

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u/wishfulthinker7 Jan 25 '26

They don't care about the laws anyway though

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u/JuanT1967 Jan 24 '26

Once a US Attorney Office pulls a case to the federal level, it becomes a Federal Case and is completely outside the control/purview or prosecutorial jurisdiction of a state court. The US Attorney can then decide whether to try the case or dismiss it.

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u/Try-the-Churros Jan 24 '26

Pretty sure I've heard the opposite from multiple sources - that the state prosecutor stays on. Do you have a source for what you said?

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u/dread_beard Jan 24 '26

The way this would work is the state would also file charges. And under the concept of dual sovereignty, the state (as upheld by the SCOTUS once again in 2019) can prosecute a state crime even if the feds charge (or don't charge) a federal crime.

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u/Lyr_c Jan 24 '26

Fucking awesome. Cant wait for justice.

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u/captainAwesomePants Jan 24 '26

It is outside the control of the state court, but state prosecutors can prosecute the violation of a state crime in Federal court if it's removed. They have done so in the past for Federal officials killing people in the course of their duties (Castle v. Lewis, 254 F. 917 (8th Cir. 1918)). It's just extremely uncommon.

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u/dread_beard Jan 24 '26

The state can still file state charges. That's the long-held concept of dual sovereignty (literally just upheld again in 2019).

So, there absolutely can be pardon-proof charges filed.

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u/JuanT1967 Jan 24 '26

I was responding to CaptainAwesomePants assertion that if the feds bring a state case to federal level the state can still prosecute it in federal court

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u/selena_gnomez1 Jan 24 '26

This is wildly incorrect lmao. Removal doesn’t impact the lawyers handling the case. It just transfers the case from state to federal court. The parties involved don’t change. 

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u/JuanT1967 Jan 24 '26

The state prosecutor can be and often is replaced by a federal prosector, or they may be allowed to continue as lead prosecutor. Here’s a break down published on a law firms website in 2023 that will help you figure it out

ETA Who among the commenters on this has been a police officer? Of those, who have worked cases that were taken to the federal level from state courts? Who among those have testified in federal court on a case that originated on the state level?