Conservative former Judge Andrew Napolitano argued that an Immigration and Customs Enforcement (ICE) agent should be charged after shooting Renee Nicole Good to death in Minneapolis.
In a Thursday interview on Newsmax, Napolitano pointed out that Good appeared to be trying to steer away from the agent when he shot her through the windshield of her vehicle.
"There is a video showing her turning the wheel to the right, as if to avoid him," he explained. "If he is charged with a crime, as I think he should be, under Minnesota law, a jury will decide this. Or a judge will decide [that] the evidence is so one-sided, he has qualified immunity, and therefore we're not going to proceed with the prosecution."
"If he does face state charges, is there any way that on a federal level, the DOJ could get involved in this?" host Shaun Kraisman asked.
"The DOJ would probably prefer this to be in federal court," Napolitano acknowledged. "But there is no way that I'm aware of that they can, that a federal judge can take the case away from a state court."
"The state is a sovereign itself," he continued. "The state prosecution, if there is one, would have to play out and reach its conclusion in the Minnesota state courts and then go to the U.S. Supreme Court before the feds could get involved."
Napolitano asserted that Good's mindset could be inferred from her actions.
"If the jury inferred that she tried to avoid him, then his shooting of her is criminal," he remarked. "If the jury infers something else, then it would depend on what the inference is."