Why Charges Are Unlikely, According to a Legal Expert
Andrew C. McCarthy, former Chief Assistant US Attorney for the Southern District of New York, says the odds of criminal charges are slim.
Writing for National Review, McCarthy argued that even under the most charitable interpretation toward Good, the officer’s actions may still be legally justified.
“Undoubtedly,” he wrote, “if it is reasonable to construe the woman’s action as a deliberate attempt to mow down an ICE agent with a speeding vehicle, the use of force was justified.”
But McCarthy went further.
Even if Good was attempting to escape rather than intentionally strike the officer, he argued her actions could still qualify as felony assault on a federal officer.
Under federal law, he noted, Section 111 criminalizes any act that places a federal officer’s life in danger—intentional or not.
“It is settled Fourth Amendment law,” McCarthy added, “that an officer may use deadly force against a fleeing suspect if he reasonably believes the suspect poses a significant threat of death or serious physical injury.”
In other words: the standard isn’t perfection.
It’s reasonable fear.
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