Shortly after an ICE officer shot and killed a woman in Minneapolis, city leaders began looking into whether the officer had violated state criminal law.

Article is for subscribers, but yahoo has a version up with ads (if one doesn’t have an adblocker, that is)

https://www.yahoo.com/news/articles/yes-minneapolis-prosecute-ice-shooter-224628104.html

If they conclude that state law has been violated, the question is: What next? Contrary to recent assertions from some federal officials, states can prosecute federal officers for violating state criminal laws, and there is precedent for that.

Although federal officers do have immunity in some circumstances, that protection applies only if their actions were authorized under federal law and“necessary and proper” in fulfilling federal duties. When federal officers violate federal law or act unreasonably when carrying out their duties, they can face state charges.

States have a long history of prosecuting federal officials for allegedly using excessive force on the job. And when federal courts agree that the force may not have been legally justified, they have allowed the state prosecution to proceed.

  • Tedesche@lemmy.worldEnglish
    315·
    3 days ago

    You can’t charge anyone but the murderer with felony murder charges.

    • y0kai [he/him]@anarchist.nexusEnglish
      11·
      3 days ago

      https://en.wikipedia.org/wiki/Felony_murder_rule

      The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender’s accomplices or co-conspirators, may be found guilty of murder.[1]

      • Tedesche@lemmy.worldEnglish
        1·
        3 days ago

        Okay, I admit that’s an interesting fact I wasn’t aware of. However, based on the Wikipedia article you linked to, I seriously doubt one could expect the charge to hold up against ICE superiors. It might work to charge the other officers that were there when the woman was killed, but I would bet charging anyone absent of the direct event would be deemed too remote.

        • y0kai [he/him]@anarchist.nexusEnglish
          5·
          3 days ago

          Case law in the US has at least one example of someone being convicted of felony murder simply for letting another person borrow their car with no other significant connection to the case.

          https://en.wikipedia.org/wiki/Ryan_Holle

          In the early morning hours of March 10, 2003, after a night of partying, Holle lent his car to his friend and housemate William Allen Jr.[1] Allen drove three men to the home of Christine Snyder, where they took a safe containing approximately 1 pound (454 g) of marijuana and $425.[3] During the burglary, one of the men, Charles Miller Jr., used a shotgun found in the house to strike and kill Jessica Snyder.[1][3] Holle was about 1.5 miles (2.4 km) away at the time.[1]

          John Oliver has a great segment on how fucked up this law is: https://youtu.be/Y93ljB7sfco

          That said, you’re right in that it is highly unlikely any of the higher-ups will be held responsible.

          • Tedesche@lemmy.worldEnglish
            1·
            3 days ago

            Nor should they be under this type of charge. I’m sure there are other charges that can be brought against them though.

    • CmdrShepard49@sh.itjust.works
      21·
      2 days ago

      Yes you can and it happens all the time. A getaway driver in a bank robbery gets charged just the same as the guys shooting people inside the bank.