The U.S. deputy attorney general has said there will be no federal investigation into the fatal shooting of a Minneapolis woman by an Immigration and Customs Enforcement (ICE) agent — meaning only one investigative avenue remains.
But those officials in Hennepin County will face some significant hurdles from federal authorities have not turned over potentially key pieces of evidence.
“The question is whether or not … they can bring charges without further access to the FBI’s information,” said Emmanuel Mauleón, an associate law professor at the University of Minnesota.
Renee Good, a mother of three, was shot on Jan. 7 by ICE agent Jonathan Ross while in her SUV in a residential neighbourhood south of downtown Minneapolis, which is part of Hennepin County.
U.S. Deputy Attorney General Todd Blanche has since told media outlets that there is “no basis for an investigation” into the shooting.
U.S. Vice-President JD Vance on Thursday appeared to refer to another investigation at the federal level, though his wording was vague and seemed to suggest an internal, non-criminal probe.
It would ensure “that if somebody did something wrong … they’re going to face disciplinary action,” he said, perhaps referring to an internal probe by the Department of Homeland Security, which oversees ICE.
WATCH | What we know about Renee Good:
What we know about Renee Nicole Good
The woman shot and killed by a U.S. Immigration and Customs Enforcement officer in Minneapolis on Wednesday was Renee Nicole Macklin Good, a 37-year-old mother of three who had recently moved to Minnesota.
She was a U.S. citizen born in Colorado and appears to never have been charged with anything involving law enforcement beyond a traffic ticket.
That leaves only the only criminal investigation with the Hennepin County Attorney’s Office (HCAO).
The office has since established a link for residents to submit any potential evidence related to the case.
“We wanted to make sure that everybody in the community — because we know everybody has phones now and they’re taking video — that they had an opportunity to submit that to us,” County Attorney Mary Moriarty, told Twin Cities PBS.
Asked what evidence and information they have related to the case, Moriarty said “it’s easier to say what we don’t have.”
She said the federal government took Good’s car, Ross’s gun and shell casings at the scene.
Hennepin County Attorney Mary Moriarty says federal officials took Good’s car, ICE agent Jonathan Ross’s gun and shell casings from the scene. (Mark Vancleave/The Associated Press)
“We would like to have that, but it’s not necessarily a barrier to go forward with prosecution,” she said.
Along with the car and gun, another critical piece of evidence is Ross’s cell phone, which he was using as a body-worn camera at the time, said Antonio Romanucci, whose law firm is representing Good’s family. It is also investigating whether a civil action can be filed.
“Those three pieces of evidence are very important. Shall I say that they are critical? I’m not sure that I’m able to say that yet, but they’re very, very important pieces,” he told CBC News.
“We don’t have control over them, somebody has control over them,” said Romanucci.
The HCAO is getting help from Minnesota’s Bureau of Criminal Apprehension, which investigates use of force incidents involving law enforcement officers, though it did not launch its own investigation into this case — citing incomplete access to the evidence, witnesses and information collected.
Romanucci says said that’s why they felt compelled to send out a letter of preservation last week, ensuring that if the government was in control any of these pieces of evidence, it must maintain them safely.
WATCH | ICE agent’s phone video of incident:
ICE agent’s phone video shows his view of deadly Minneapolis shooting
As duelling narratives continue over the fatal shooting of Minneapolis woman Renee Nicole Good by an ICE agent, a new video shows the encounter from the officer’s perspective — including footage of Good appearing to turn the steering wheel and driving forward before the officer opened fire.
“When it’s time, that they need to turn it over to us in the same condition that they got it in.”
Mauleón, at the university, says that if that evidence doesn’t become available, a prosecutor may think twice about taking the case to trial.
“Certainly you don’t want to be the prosecutor that’s in court claiming that there was a manslaughter or murder shooting and then the defence gets to say ‘Where’s the murder weapon? Where’s the weapon casing? Where’s the car?”
“There’s all sorts of abilities for a defense to poke holes in reasonable doubt if you’re missing critical evidence to the scene.”
He says, with all the videos taken of the shooting, the prosecution would still have some very important critical evidence — and that a lot of murders have been prosecuted with far less evidence than has been publicly available in this case.
Nonetheless, lacking that critical evidence would be a “huge impediment” to getting a conviction, he said.
There were reports that the FBI had opened its own criminal civil rights probe, which would have determined whether there was enough evidence to prosecute Ross for allegedly depriving Good of her constitutional rights — though Blanche appears to have ruled that out.
Romanucci said the family “100 per cent” disagreed with Blanche’s decision, and that the rules are that you investigate to determine whether there may have been a civil rights violation or not.
“It’s inexplicable as to how they shut it down and drew a conclusion. Based on what facts? That means you just don’t want it to happen, and you want to cover it up,” he said.
In an email to CBC News, the FBI declined to comment on the status of any investigation into Good’s death.
