Was Nicole Good a ‘Rodef’?

It’s been over a week since Nicole Good was fatally shot in Minneapolis as she tried to escape being arrested for unlawfully interfering with Federal law enforcement. Most of the media’s immediate reaction was overwrought prejudicial rhetoric. Not surprisingly, fundamental disagreements on what exactly happened and why it happened continue—as do the violent protests. Most folks agree it was a tragedy, but don’t necessarily agree on who the tragic figure is, or on whom blame should be assigned.

For some, Ms. Good was a malevolent “domestic terrorist” who deserved what she got. For others, she is a martyred victim of a “government sanctioned execution”. For some, the ICE agent’s response was an intentional act of murder deserving of punishment. For others, it was an act of justified–albeit regrettable– self- defense, due to circumstances caused by Ms. Good’s poor choices.

Given the range of opinions about this incident among Americans most likely based on their respective political views, it’s a good bet that there’s a similar range of opinions among individual American Jews. But what Jews believe and affirm doesn’t always reflect what Jewish Tradition teaches. That said, what does Judaism qua Judaism, have to say about this tragedy?

Despite our culture’s penchant to rushing to judgment, a substantive answer must begin by noting these principles that are essential to understanding how Jewish Tradition deals with thorny moral/legal issues like this one.

–1) Sometimes circumstances are not “black or white”, and a conclusion that is morally clean and tidy may not be possible. Sometimes the situational reality is just messy. Extenuating circumstances may present a “clash of values”, thus preventing a clear decision of who/what is “right” and who/what is “wrong”.

–2) Thorough investigations are essential before conclusions are reached: Deuteronomy 17:4: “…if you have been told of this or have heard about it, then you must make a thorough inquiry.”

–3) Decisions based on personal feelings/emotions will pervert just justice: Exodus 23:3ff: “…when you give testimony in a lawsuit, do not pervert justice by siding with the crowd. Do not show favoritism even to a poor man in a dispute.”
Leviticus 19:15: “Do not pervert justice. Do not show partiality to the poor or deference to the great; judge your fellow fairly.”
Deuteronomy 16: “Do not pervert justice or show partiality. Do not take bribes, for bribes blind the eyes of the wise and subvert the cause of the those in the right.” (According to one interpretation, this last caution includes not being swayed even by a petitioner’s tears.)

4) Moral/legal decisions must be based on the observable behavior of the actors, not the spectators’ feelings.

The observable factual actions that took place in Minneapolis were as follows:

–Ms. Good and her wife intentionally stalked and taunted ICE agents most of that day.

–Ms. Good placed her vehicle in a position that interfered with the efforts of law enforcement, thus crossing the line from exercising her right to free speech, to committing an illegal activity.

–She refused ICE’s orders to exit her vehicle, and resisted arrest.

–When ICE agents tried to open the vehicle’s door, she floored the accelerator, striking without warning ICE agent Jonathan Ross, who was standing on ice in front of the vehicle, causing internal injuries.

–When the vehicle accelerated toward him, Agent Ross, having sustained injuries from an earlier similar incident, feared for his life, drew his weapon and shot through the windshield, killing Ms. Good.

Given these facts, what does halakha/Jewish law bring to the discussion?

Discussing the commandment of how to respond to a burglar (Exodus 22:1-2), the Talmud discusses what constitutes permitted self- defense, citing several scenarios in which deadly force may be warranted to avoid death or bodily injury (Sanhedrin 72a and ff). One opinion holds that taking the burglar’s life is permitted only if it is certain that he intends to do bodily harm. Another holds that even if it is not clear that the burglar intends to do bodily harm, the intended victim may nevertheless respond with lethal force if he is in genuine fear for his life and wellbeing. This opinion reasons that the intended victim has no way of knowing with certainty what the burglar’s intentions are. Since some burglars do commit violence, it may be assumed that this one intends to do likewise.

The Sages also discuss when a warning/hatra’ah must be given to a rodef—a person who threatens—intentionally or unintentionally– the life of another person. All agree that a bystander who can stop the rodef with force must give a warning before acting. However, Jewish law allows the intended victim to respond with deadly force in the heat of the moment without a warning and without knowing the rodef’s intentions. Why? Because in such a situation, the lethal response is not intended to PUNISH the pursuer, but rather to PREVENT death or injury to the possible victim. In the same Talmudic discussion, this is the reason given as to why it is permitted to take the life of a minor who pursues with murderous intentions without giving prior warning, and why a fetus threatening the life of its mother is also deemed a rodef –and thus may be aborted. In both cases it is assumed that although neither a minor nor a fetus has the maturity to understand “intent” and respond to a warning, the threat each poses is still very real and immediate. Consequently, ending their respective existences is not to punish them, but rather to prevent the deaths of the ones unintentionally threatened.

With all this in mind, Jewish Tradition’s “take” may very well be:

Did Nicole Good deserve to die? No.

Did she intend to kill Agent Jonathan Ross? Not clear.

Did Jonathan Ross intend to kill Nicole Good? Not likely.

Given his prior experience, was Agent Jonathan Ross in fear for his life? Yes.

Was Nicole Good a rodef? According to Jewish law…apparently and regrettably, yes.

Was he justified in shooting? According to Jewish law…apparently and regrettably, yes.

Is the whole story tragic? Are there lessons to be learned here?

According to Jewish teachings: ABSOLUTELY and ABSOLUTELY!