The sharpshooter who wasn't

A DPS sharpshooter in a helicopter aiming to take out the tires of a fleeing pickup truck missed and killed two undocumented immigrants in Hidalgo County, causing the local DA to request that DPS quit shooting at fleeing cars from helicopters. The term "sharpshooter" seems misplaced in describing such an episode; mere "shooter" would be more accurate. Notably, the Houston Chronicle reported, "a nationally known use-of-force expert has said he had never heard of a U.S. law enforcement agency with a similar policy." Compare this episode to an Austin case where an officer was recently fired for shooting at a fleeing vehicle. After the US Supreme Court issued Tennessee v. Garner back in the '80s, most local law enforcement agencies changed their policies on shooting at fleeing vehicles and DPS' approach seems like an odd, outdated throwback.

MORE (11/03): DPS now says the agency employed this tactic for fear that the speeding truck would soon enter an area with schools where children might be endangered. The audio from the chase was released to the media, and it cuts both ways. To DPS' credit, it contradicted earlier reports that DPS troopers were able to tell that people were in the back of the truck. The troopers involved in the chase declared, mistakenly, that "bundles" (i.e., drugss) were under the tarp. OTOH, I just listened to the audio clip up to point of the shooting and nobody ever mentioned schools or children. If that was part of the decision making process, as DPS now asserts, it wasn't discussed by any of the DPS personnel actively involved in the chase.

DPS has asked the FBI to investigate the incident, so stay tuned. This ain't over. 

AND MORE: One more notable aspect to the audio file keeps nagging at me. Dispatchers asked repeatedly right after the shooting whether there were any injuries, whether they should send an ambulance, etc., to which personnel at the scene responded with six minutes of radio silence on the subject. After someone on the ground finally answered, yes there were injuries, the dispatcher sarcastically asked if in the future "can we call him on the phone if he's not going to answer the radio?" Can you imagine those intense six minutes? What goes through a trooper, game warden or police officer's mind as the dispatcher's question rings out, unanswered over the radio - "Are there any injuries?" "Do you need an ambulance?"- all the while with the bodies of two sniper victims laying in the back of the truck? The living vehicle occupants had bailed at the 9:30 mark on the audio, and at least one had already been caught before the eleven minute mark; on-the-scene personnel confirmed the injuries at the 17:12 mark. Were there officers at the scene - troopers or perhaps from the game warden or other agencies - who could or should have seen these injured folks but delayed responding, perhaps panicked at their mistake over the cargo? There were 10 to 12 units at the scene, one officer estimated. Wouldn't somebody have looked in the truck bed that minutes earlier they thought was carrying a dope load? Those are the sorts of questions, one supposes, the FBI will be burrowing into soon.