Judge: Federal agent used reasonable force in killing man
BY Teresa Auch Schultz firstname.lastname@example.org November 9, 2012 10:51AM
Updated: November 9, 2012 9:56PM
A federal judge ruled Thursday that a local deputized DEA agent used reasonable force when he shot and killed an Illinois man near U.S. 30 and Interstate 65 in 2007.
Roaslio Rincon’s family sued in 2010 the federal government over his death, claiming that Jeremy Ogden was never in any danger while trying to stop Rincon and shouldn’t have fired the shot that killed him.
Law enforcement officials had been watching Rincon on Sept. 24, 2007, as he and another man took part in a drug deal outside of the Westfield Southlake Mall. Officers tried to pull Ogden over as he drove west onto U.S. 30 when he turned right onto Mississippi Street and into the parking lot of the then-Wickes Furniture store.
As he tried to pull back onto southbound Mississippi, Ogden blocked the car and walked up to it with his gun drawn.
The parties disputed what happened next, with lawyers for Rincon’s family arguing that Ogden stood off to the side of Rincon’s car when Rincon hit the gas in order to drive off. That’s when Ogden shot at Rincon.
However, federal attorneys said Ogden believed Rincon was gunning his car at Ogden, which is why Ogden fired.
U.S District Judge Philip Simon said in his ruling that Ogden likely did fear he was in “imminent danger” and ruled against Rincon’s family’s request for damages.
Simon cited the quick flow of events and Rincon’s fast turns he had made before the shooting.