I think this belief was wrong. But the law doesn't mandate that it be correct, just reasonable.
To me this is a very close call, but what gets me over the edge to the side of the agent is the totality of the circumstances of what they're dealing with overall and also one key piece of evidence. According to even CNN, an agent shouted, "he's got a gun" right before the agent fired. I suspect that this utterance combined by some movement by Pretti in the scrum led the officer to believe his partners were in imminent danger. It’s important to hear the agent’s side. It could change my stance, which is preliminary.
If you watch the video closely, I doubt that the agent knew that the gray jacket man had already disarmed Pretti. The disarming and firing happened very close together (we're talking a second), and the agent was not looking in that direction and appeared focused on drawing his own gun, tunnel vision, etc. I also think it's possible that PRETTI didn't realize that he had been disarmed. Did the officer think his cell phone was the gun? Did he see the gun being pulled from his waistband by the gray jacket officer and mistakenly think Pretti had drawn it? Did Pretti make a motion. This was a CHAOTIC scrum, and it happened in seconds. The number of shots is usually not legally relevant when they are so tightly bunched together due to adrenaline and muscle memory.
I am unclear what fell in the video.
That's fog of war stuff, and the law accounts for it, but it is NEVER pretty. Years ago, in Milwaukee, an officer shot a man who was holding a small black cassette tape. He mistakenly thought it was a gun. He was exonerated.
I don't like it, though. I question why he couldn't just grab Pretti from behind and pull him away. I question why that many officers couldn't get control of one struggling guy without taking his life. Alex Pretti doesn't get his life back. That is a really big deal.
I think this shooting is dicier than the Good case (she hit the officer with her car). I am concerned that the agents have taken so much abuse that they are now too quick to react or to escalate things themselves. They have been placed in an impossible situation, and, again, that is the fault of the Democratic and police leadership in Minneapolis, which is not protecting them or controlling the streets during their operations.
I think a truly independent investigation may be warranted.
It's a mess. Let's not pretend it isn't one.
When there's a tie in these cases, I give it to the person who was there to uphold the laws during endless scenes of agitation and lawbreaking.
These officers don't wake up in the morning wanting to take a life. That matters. They want to go home at night. They are working under incredible, almost combat-like circumstances, completely abandoned by the leadership and Police Department of the city they're operating in.
This officer didn't intend to "murder" Alex Pretti, and any rhetoric to that regard is extremely unfair and agitating. Politicians, including the Wisconsin gubernatorial Democratic candidates and the mayor of Milwaukee, have released inciting, unhelpful statements, rather than responsible analyses. Writing things like he was killed on his knees, he was "murdered," etc., is not a helpful response from leaders.