Marjorie Cohn sizes up the legal considerations surrounding Jonathan Ross’ fatal shooting of Renee Good in Minneapolis.
ICE agents at the scene of the fatal shooting of Renee Good in South Minneapolis on Jan. 7. (Chad Davis/Flickr/ Wikimedia Commons/CC BY 4.0)
By Marjorie Cohn
Special to Consortium News
On Jan. 7, less than a mile from where George Floyd was murdered nearly six years ago, ICE (U.S. Immigration and Customs Enforcement) agent Jonathan Ross shot and killed Renee Nicole Good as she tried to drive away. Once again, video footage filmed by bystanders recorded a brutal murder by a member of law enforcement, engendering outrage around the country.
Good was a 37-year-old mother of three and a U.S. citizen who was beloved by her family and her community.
Multiple news outlets, including The New York Times, have analyzed the video recordings and concluded that Good’s vehicle was turning away from Ross when he began shooting her.
Yet President Donald Trump, Vice President J.D. Vance, and Department of Homeland Secretary (DHS) Secretary Kristi Noem all claimed that Ross was justified in gunning down Good.
Immediately after Ross shot Good, Trump wrote on his social media platform,
“The woman screaming was, obviously, a professional agitator, and the woman driving the car was very disorderly, obstructing and resisting, who then violently, willfully, and viciously ran over the ICE Officer, who seems to have shot her in self defense.”
In fact, cell phone footage reveals that after one of the agents yells, “Get out of the fucking car,” Good briefly reverses, turns the steering wheel towards the passenger side and drives ahead, after she smiled and said, “That’s fine, dude. I’m not mad at you.” As Ross fired the shots at her, he could be heard to yell, “Fucking bitch.”
BREAKING: Alpha News has obtained cellphone footage showing perspective of federal agent at center of ICE-involved shooting in Minneapolis pic.twitter.com/p2wks0zew0
— Alpha News (@AlphaNews) January 9, 2026
Vance declared that Ross acted in self-defense and said that Ross has “absolute immunity” from prosecution. Noem called Good’s actions “domestic terrorism.” All of those claims are false.
A Minnesota prosecutor should charge Ross with first-degree murder.
Minnesota Murder Statutes
Given the politics of the case it would seem wise for the state to take charge of the prosecution and to resist efforts by federal authorities to take over the case.
Under Minnesota law, a person who causes the death of a human being with premeditation and the intent to kill is guilty of first-degree murder and shall be sentenced to life imprisonment.
Intent to kill can be shown by circumstantial evidence. Ross’ shooting at Good’s head from a short distance is proof of an intent to kill.
Premeditation can occur in moments; there is no minimum amount of time required. It can happen over a matter of months or in a matter of seconds. Ross has a gun in his hand, methodically raises it and shoots at Good multiple times, while saying, “Fucking bitch.” This is evidence of premeditation.
There is sufficient evidence for a prosecutor to prove beyond a reasonable doubt that Ross is guilty of first degree murder.
When a person has the intent to kill but acts without premeditation, he or she is guilty of second-degree murder, and may be sentenced to a maximum of 40 years in prison.
Even if a jury does not find beyond a reasonable doubt that Ross premeditated the murder of Good, it would likely convict Ross of second-degree murder in light of the strong evidence of his intent to kill her.
Causing the death of another by perpetrating an eminently dangerous act with a depraved mind and no regard for human life constitutes third-degree murder which carries a maximum of 25 years in prison and/or a maximum fine of $40,000.
Shooting at Good’s head through the window of her car constituted an eminently dangerous act with Ross’ depraved mind and no regard for human life, which support a conviction of third-degree murder.
Minnesota Manslaughter Statutes
Minnesota flag flying on the eastern flagpole of the state capitol in St. Paul on Statehood Day, May 11, 2024. (Bradinator33 /Wikimedia Commons/ CC BY 4.0)
First-degree manslaughter occurs when a person intentionally causes the death of another in the heat of passion provoked by words or acts that would provoke a person of ordinary self-control in similar circumstances.
It can also occur by causing the death of another when committing a misdemeanor with such force and violence that death or great bodily injury was reasonably foreseeable (and doesn’t amount to murder in the first- or second-degree). Manslaughter in the first-degree carries a maximum prison term of 15 years and/or a maximum fine of $30,000.
Second-degree manslaughter is committed when a person’s culpable negligence creates an unreasonable risk, and he or she consciously takes a chance of causing death or great bodily injury. This offense carries a maximum prison term of 10 years and/or a maximum fine of $20,000.
Although at a minimum, Ross’ actions satisfy the elements of manslaughter, they also constitute evidence of murder. A Minnesota prosecutor should charge him with first-degree murder.
Even if state criminal charges are filed against Ross, in some circumstances federal law allows a federal officer defendant to move to dismiss the case in state court and federal prosecutors would then bring charges in federal court.
Given the posture of the Trump administration in blaming the victim, Good, for her own death, it is impossible to imagine that the Department of Justice would indict Ross unless state charges are filed against him first.
In a federal prosecution, appeals in Minnesota would be heard by the U.S. Court of Appeals for the Eighth Circuit, with 10 of the 11 active judges appointed by Republicans. An appeal from the circuit court would go to the U.S. Supreme Court, where there is a 6-3 right-wing supermajority.
Supremacy Clause Immunity
In his defense, Ross would try to “remove” the state case to federal court by arguing that he has immunity from state prosecution.
Supremacy Clause immunity is not absolute immunity. It applies only when a federal official acts within the scope of their lawful federal duties. Federal officers are protected against state prosecutions if they can show that although their actions violated state law, they were “’necessary and proper’ in the discharge of their federal responsibilities.”
? BREAKING: Gov. Tim Walz was seen near the memorial site for Renee Nicole Good — the 37-year-old woman fatally shot by an ICE agent in Minneapolis — showing support for the community as protests continue. pic.twitter.com/KyZFK2BG13
— Brian Allen (@allenanalysis) January 12, 2026
The inquiry would be whether Ross’ shooting of Good was necessary and proper to enforce the federal immigration law. If he acted beyond the scope of his duties, or behaved in an egregious or unjustified manner, the case would remain in Minnesota state court. Shooting Good dead was not within the scope of Ross’ ICE duties.
Once a state case is removed to federal court, the federal court will apply state substantive law.
The Claim of Self-Defense
Ross will claim that he acted in self-defense when he shot Good so the killing was justified. To prove self-defense, Ross would need to show that shooting Good was necessary to resist or prevent an offense that he reasonably believed exposed him or another to death or great bodily harm.
Minnesota’s use-of-force laws authorize officers to use deadly force only when a reasonable officer would think it necessary to protect themselves or others from death or great bodily harm that “is reasonably likely to occur absent action by the law enforcement officer.”
It allows officers to shoot only when the threat “must be addressed through the use of deadly force without unreasonable delay.” Thus, if the threat can be addressed without the use of deadly force, or if it’s reasonable to delay, the use of deadly force would violate Minnesota law. Ross could have stepped out of the way and gotten Good’s license plate number instead of shooting her.
Last term, the U.S. Supreme Court decided Barnes v. Felix, which said that in assessing the reasonableness of an officer’s use of deadly force, courts must look beyond simply the moment the officer fires the weapon. The court “must consider all the relevant circumstances, including facts and events leading up to the climactic moment.” This would require consideration of what the officer did leading up to the confrontation, including Ross’ decision not to step out of the way of Good’s car.
Minnesota law requires the “duty to retreat.” It requires individuals to avoid the use of deadly force if it is possible to do so safely, before they act in self-defense.
????NOW:
Massive protests in Minneapolis, Minnesota, after the murder of 37-year-old Renee Good by ICE. pic.twitter.com/6FktgPsjn7
— Suppressed News. (@SuppressedNws1) January 10, 2026
The National Consensus Policy and Discussion Paper on Use of Force, a collaborative effort of the most significant law enforcement organizations, says that “Firearms shall not be discharged at a moving vehicle” when the vehicle is the only weapon involved unless other means of addressing the threat the vehicle presents, such as moving out of the path of the vehicle, “have been exhausted (or are not present or practical).”
Under DHS’ use of force policy, officers are required to de-escalate the situation. They are essentially “prohibited from discharging firearms at the operator of a moving vehicle.” And when doing so, they must consider the threats to the safety of fellow officers and innocent bystanders by an out-of-control vehicle.
The DHS policy says, “Deadly force shall not be used solely to prevent the escape of a fleeing subject.” Deadly force can be used when “[t]he vehicle is being driven in a way that’s an immediate threat and no other objectively reasonable defensive option exists.”
A reasonable officer would not walk into the path of a moving car. He would de-escalate the situation by moving away and getting Good’s license number.
ICE Continues to Terrorize Americans & Immigrants
On the morning of Jan. 7, a decision was made that the Minnesota Bureau of Criminal Apprehension (BCA) and the F.B.I. would conduct a joint investigation into the fatal shooting of Good. The BCA began to coordinate investigative work.
That afternoon, the F.B.I. told the BCA that the investigation would be led solely by the F.B.I. and the BCA would no longer have any access to evidence, interviews or case materials required for a thorough and independent investigation. The Justice Department’s Civil Rights Division’s criminal section, which usually handles investigations of police shootings, has been excluded from the probe. What are they trying to hide?
Hennepin County Attorney Mary Moriarty called on members of the public to provide any video or other evidence involving the shooting directly to her office.
In the past four months, federal immigration officers have fired on at least 10 people who were in their vehicles.
The National Lawyers Guild (NLG) issued a statement calling the killing of Good “a harrowing reminder that ICE continues to terrorize Americans and immigrants.” The NLG statement continued:
“The Trump administration is using the language of ‘domestic terrorism‘ to justify killing someone for protecting their neighborhood by legally monitoring ICE activity, and to provide excuses for these agents’ actions. While it is not a new tactic, it is a disturbing level of brazenness and lies coming from an administration that characterizes anyone who opposes its actions as ‘domestic terrorists.’ ”
Meanwhile, upward of 1,000 demonstrations took place this weekend in cities across the country to protest Ross’ killing of Good.
Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, dean of the People’s Academy of International Law and past president of the National Lawyers Guild. She sits on the national advisory boards of Veterans For Peace and Assange Defense, and is a member of the bureau of the International Association of Democratic Lawyers and the U.S. representative to the continental advisory council of the Association of American Jurists. Her books include Drones and Targeted Killing: Legal, Moral and Geopolitical Issues.
The views expressed are solely those of the author and may or may not reflect those of Consortium News.
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And ….. charge Donald Trump as an accessory both before and after the fact.
Before the NY vote, I was reading a Russian columnist who had a different take on the Mamdami-Trump dispute. He expressed the opinion that the correct answer to Trump’s threatening to arrest Mamdami was for Mamdami to threaten to arrest Donald Trump. He didn’t take that any further, but it did pop into mind that this could include charging him in accessory to crimes that are committed by Federal agents acting under Trump’s direction. A variation on the racketeering charges that they use to go after the gang boss who never gets his hands dirty with the actual crimes, but who controls everything.
Of course, the fake socialists would never even think of such a thing, and the Democrats would never do that to their bi-partisan partners in corporate crime. And its definitely a break with the long bi-partisan tradition to only charge the lowest ranking people necessary to make the cover up stick in the public mind.
Has anybody besides me noticed Ross pulling his weapon BEFORE the vehicle starts moving forward? I haven’t seen this fact mentioned anywhere.
yes-1st he switched his I phone to his other hand and vice versa w/ the pistol. I can’t help but wonder if he was following orders vs he got owned by this woman and just couldn’t handle it.
What about Keith Porter, a black man who was reportedly murdered by an off duty ICE officer in Los Angeles on New Year’s eve?
Why are they masked if they are on the side of law?
if you can’t ID them how will they be taken to court ? Many cases where they would loss their qualified immunity and be sent to jail while civil suites would result in millions upon millions in settlements or wins resulting in even more millions being paid out
The local NBC affiliate reported on the weekend that the contents of ICE agent Ross’ house in suburban Minneapolis was being loaded into moving trucks on Friday, and he had not been seen by the neighbours since the shooting. It is fair to assume he has been relocated outside the state.
hxxps://www.nbcnews.com/news/us-news/ice-officer-jonathan-ross-veteran-spent-decade-dhs-rcna253254
This has long been the standard procedure that the US military has used when one of the Heroes did something like run over a child while drunk driving in Okinawa or someplace. The Hero is quickly removed from the jurisdiction of law and order. This, like so many other things that Americans, including oh so many Democrats, thought was justice abroad has now blown back on to the people of America.
Too bad Americans got so arrogant about their exceptionalism that they forgot the old saying “What goes around, comes around.” Magical thinking about how we all lived in Freedom, because the teachers and the tv’s said so, while reality was nothing of the sort, has ended badly. Now Americans get the sort of military justice that foreigners used to get for the crime of living near an American base.
The video displayed in this article is shot by the shooter and does not show that he was not in the path of her vehicle when she began to leave the scene at a slow rate of speed. Additionally, her wheels were turned to the right away from the shooter before she began to move. The statement by the author that “Ross could have stepped out of the way…” is factually incorrect. The shooter was never in the path of her vehicle. A more warranted view of the incident can be viewed on Judge Napolitano’s recent interview with Aaron Mate in which a video is shot by a bystander.
Furthermore neither the County Attorney (Mn. prosecutor) who previous to this incident announced her retirement or the State Attorney General, Keith Ellison will investigate this matter, meaning they won’t prosecute the shooter, leaving the investigation to the FBI. A Daily Caller article by Mark Tanos quotes the AP which reported that “court testimony showed he…served as a firearms instructor, SWAT team member and FBI Joint Terrorism Task Force team leader.”
This is the problem with the left/right divide; Renee Goode and Ashley Babbitt both unjustly murdered during different protests, but the response by both sides in each case has been sadly predictable. The Left was silent or defended Babbitts murder and decries Goodes, while the Right has done the exact opposite; all because of their respective views of the cause under protest. Meanwhile, the establishment gets away w/ another unlawful murder because team sports takes precedence over principles.
The Jan 6th Insurrectionists were a roiting Mob who actually Broke and Entered a Government Facility. Thats what the Halls of Congress are. An official Government Facility.
The woman shot in her private car was not a rioter or a mob. She was an observer of the events happening on a public street where she just dropped her kid off at school.
Sure dude, Ashley Babbit’s killing was righteous.
You must belong to the blue political sect.
So Ruthie, you’re equating breaking/entering/violent threatening of a mob with someone driving away from an ICE goon? Cute. (Note that 45 states have ‘castle doctrines’, that allow residents to shoot intruders, so if Ashley Babbitt had been doing the same thing in a private residence in at least 45 states in the US while the residents were home, she could have been shot and killed and there likely wouldn’t have been a prosecution.)
The video was widely posted. The shooter in 2020 was defending the elected Representatives of the American people, who were fleeing out the back of the scene while the mob that was rioting to overturn the election and making death threats against the elected Representatives of the American people was breaking down doors in an attempt to get to them.
Watch the two videos, one after the other. They are in no way equivalent. The lady in Minneapolis was not storming a closed government building in an attempt to overthrow democracy.
And no, I am not a part of the Blue Gang. I made my statement that the Democrats had left me and what I still stand for over two decades ago. I’d put Joe Biden into a prison cell right next to Donald Trump, and throw away both keys.
But, there have been two obvious attempts to steal elections in America in this century. The first was Bush/Cheney in the Election of 2000 (with 2004 having such a stink too that the Dems even formally protested on Electoral College Day.) The second was 2020, with Donald Trump making calls asking for results to be tilted by 10,000 votes or more, and the mob, incited to riot by leaders on the Mall, storming the Capital as a part of a larger plot to try to overturn the votes of the American people. I even suspect the Dems would have liked to have done the same in 2024, but Kamala was such a poor leader that few voted for her, much less overthrow the constitution for her. Nobody really likes a tough prosecutor, although they tend to be legends in their own minds.
Of course, in America, its always been easy to find questionable elections. American politicians and oligarchs have been pros and fixing democracy into the ‘right’ outcomes for centuries. Its as American as Apple Pie. America was always designed to keep the Elites in command, and the founders openly feared actual democracy.
“If voting could change anything, it would be illegal” Emma Goldman, deported by Democrats, and the quote is well over a century old.
You may have forgotten 2016 when the Democrats and their allies in the intelligence services launched the fraudulent Russiagate story and tried to get the electoral college to change their votes to deny Trump in favor of Hillary.
Behind the Russia-Hack Allegations- Consortium News
hxxps://consortiumnews.com/2016/12/20/behind-the-russia-hack-allegations/
Thank you for the precise illustration of my point.
Sadly, the political sectarians are too full of self-righteousness and hubris to see how they’ve been manipulated by “othering” propaganda.
@Ruth Exactly!
questionable for Babbit-she was apparently warned not to come through that window and the MAGAs would have come through that window where they were very near where congress was cowering in fear. lots of policemen had already been injured at that point so would seem pretty well justified or at least less of an obvious murder than in MPLS.
Powerful photo – brown shirts facing the people with one brown shirt by his body stance “daring” anyone to make a move.
After a murder! a murder!
We have a rogue government. The government is ICE. It is destroying us, our democratic republic, of rule by law, the Constitution – bit by bit – isn’t it?
Before we can have our “Yes” we must affirm our spine, our deep nature, and become it — our “No”!
If there’s no statute of limitations on murder, might it be better to wait until T-Rump (and his merry band of war criminals) are out of office to bring state murder charges?
The members of this administration, including Trump should be charged with being accessories after the fact for hiding Ross and refusing to charge him for Good’s murder. Who will take this on?
Right on, Lois Gagnon! Come on Congress! Time for Spine! Justice! Senator Warren? AOC? Raskin? Jack Smith? Progressive Democrats? Schiff? Swalwell? Khanna? Illinois’s Pritzker?
I have to laugh at all these “should” articles. If the powers that be were going to do what they should do, they would already have done it and this country (and the world) wouldn’t be in the mess we’re in now. What we have to face is that no government official is going to do what they should do, so we’re on our own.
Then, since we’re on our own – how do you propose we handle this fascistic murder , state violence against an innocent citizen?
Vote for something other than the 2 corporate-controlled parties.
Exactly so.
Can one subpoena a car ? Insurance data metrics if this may been the case .
History etc .
Just a thought . opt in vs opt out ?
————-
AI Overview
Insurance companies use telematics (devices/apps) to collect car computer data like harsh braking, rapid acceleration, cornering, speed, mileage, time of day, and phone use, comparing raw sensor data (e.g., accelerometer spikes) to thresholds to flag “harsh” events, which increase risk scores and premiums, while smooth driving earns discounts; insurers primarily need accelerometer/gyroscope data for maneuvers and speed/GPS data for context, often combining these with location and time to assess overall risk, with more data generally giving a fuller, fairer picture.
Data Types Collected by Insurers
Vehicle Dynamics:
Hard Braking: Sudden, significant deceleration.
Rapid Acceleration: Quick speed increases.
Hard Cornering/Turning: Sharp turns (using accelerometer/gyroscope data).
Usage Patterns:
Mileage: Total miles driven (more miles = higher risk).
Time of Day: Driving late nights or rush hour (higher risk).
Location (GPS): Where you drive (high-accident areas).
Distraction/Interference:
Mobile Phone Use: Detected via app/device while driving (risky).
Vehicle Diagnostics:
Engine performance, fuel use, fault codes (less common for UBI, per this source).
How “Harsh” vs. “Normal” is Determined
Thresholds: Devices measure sensor data (like G-forces from braking/accelerating/turning) and compare it to set limits.
Counts & Frequency: A “harsh” event is often a single event exceeding a threshold (e.g., -0.3G for braking), while “normal” driving stays below these limits.
Algorithms: Insurers use algorithms to score these events, counting frequency (e.g., harsh events per 100 miles).
Do They Need Both?
Yes, generally. While raw sensor data (like accelerometer spikes) is the core of determining harshness, insurers need other data points for context and risk assessment.
Context is Key: A hard brake might be normal (e.g., avoiding an animal), but insurers use location/time/mileage data to understand patterns, not just single events. More data paints a more complete risk picture, potentially leading to bigger discounts for truly safe drivers.