Terry told us contrary to Border Patrol claims that bean bags were not deployed that night, she claims sources inside the agency have told her family, “Eight bandits came down the trail, Brian’s team yelled, â€˜Policia, Policia,â€™ and he said they started retreating. These eight bandits. But then two of the border patrol shot the bean bags and then they opened fire.”
Imagine you’re running contraband over the border, and a group of men are charging down a trail yelling “Police! Police!” but actively firing their guns. What’s your reaction going to be? I’m going to go on a gut feeling that the police don’t actively fire firearms at suspects unprovoked and am going to make the eminently reasonable assumption that I’m being ambushed by other banditos yelling “Police!” to keep me from shooting back. Either way, hearing crack of gunfire and probably hearing the rounds break branches on the way out, it’s not unreasonable to take defensive action at that point, even if you’re smuggling contraband over the border.
If this was an approved tactic, someone needs to answer for it, because it’s extremely irresponsible. Not only does it put the border patrol agents in jeopardy, the gunman in this case could have a plausible self-defense claim. Even if they were police, shooting preemptively, not in self-defense, is murder, and how can a reasonable be expected to tell the difference between live rounds and bean bags?