Comment by throwaway290
2 days ago
> See e.g. https://news.ycombinator.com/item?id=46750452.
I see why your post was flagged. You argued that the Good shooting was justified by referencing a video in which "laywer" (who has links to paypal and patreon, I guess his law career is going great) among other things called her in his words "motorist who was blocking traffic" (ignoring that some other SUV easily drove past Good's car in the same video a few seconds before) and where he said the officer was "trying to get from in front of the car" while the officer clearly was trying to block the car's path while approaching the car. If the officer was trying to unblock the road he would not block the car. If the officer was trying to stop the car he could shoot the tires. It's clear he wanted to kill the driver. And that's not a justification
> Activists have a clear incentive to hide that justification.
Don't forget ANY video you see on social media has incentives for something or something else.
> I see why your post was flagged. You argued...
Your objection to this boils down to a simple disagreement with the findings, and unjustified ad hominem. (There is no good reason to doubt that Nate the Lawyer is in fact a lawyer: he asserts so and makes appropriate disclaimers on his channel, he clearly shows reasoned legal arguments, he's been interviewed by others who accept the claim, he is accepted by all the other well-known lawyers on Youtube, etc.) I could have posted different analyses by other lawyers; most of what I've seen has been rather more strident and more at risk of offending those who think the shooting unjustified. In fact, as far as I can tell, LegalEagle is the only prominent lawyer on Youtube who disagrees that the Good shooting was justified, repeating a common pattern. Whereas many other Youtube lawyers concur that the Pretti shooting is at least problematic.
I hope you'll pardon me for not hiring a lawyer and paying just to get an opinion and copy-paste it to HN.
Flags cause posts to be hidden from logged-out public view. They warrant, therefore, that a comment violates guidelines and needs to be censored rather than simply being disputed.
Consequently, "you argued [something I disagree with]" doesn't become a reason to flag a post in itself.
----
As for the substance of your disagreement: I'm not going to get into my disagreements on things I've already repeatedly rehashed, but this argument is new to me:
> If the officer was trying to unblock the road he would not block the car. If the officer was trying to stop the car he could shoot the tires.
First off, no, the point is that he was responding to a reasonably perceived threat of death or serious injury. It has nothing to do with either of those things.
Second, now that she has blocked the road and repeatedly refused to leave (including the interaction with Ross before the other officers arrive), she is being detained, and probably under arrest. That is a response to the obstruction, which is a federal crime (because they are LEO being obstructed) committed in the federal officers' presence, giving them the right (as LEO) to perform an arrest under https://www.law.cornell.edu/uscode/text/8/1357 (a)(5). That's what was going on before she initiated the 2-point turn. The agents' presumed desire to have a clear road does not obligate them to take actions that would lead to a clear road; and it especially does not obligate them to let someone go free after committing a crime.
Third, it would have been quite impossible from his vantage point as the car starts moving forward, because the hood of the car would be in the way. He could only possibly shoot at the tires once he is will clear of the vehicle to its side; even then, he was struck and knocked off balance which would have made it quite difficult to aim with that intent.
Fourth, the law admits the possibility (which I agree with Nate is likely to hold up in court) of justifying shooting at Good specifically because of a self-defense argument. That argument could not apply if Ross managed to get out of the way and then started firing after that point. (It does cover shooting multiple times, including from the side, because human reflexes and police training to fire multiple shots come into play; the shots can easily be argued, with abundant precedent, to represent a single decision to fire the weapon.) And it certainly could not apply to shooting the tires of the vehicle. In general, LEO don't shoot at tires, for many good reasons that are easily looked up (https://duckduckgo.com/?q=can+officers+shoot+tires).