'The Cop Should've Been Arrested': Judge Napolitano Analyzes Wild New Mexico Traffic Stop

Judge Andrew Napolitano

Fox News - Judge Andrew Napolitano stopped by Fox and Friends this morning to analyze the wild New Mexico traffic stop that has made national headlines. In the shocking dash cam video, a policeman can be seen firing at a fleeing minivan that contained a mother and her five children. Prior to the shots being fired, the woman and her teenage son had argued and scuffled with the arresting officer, who had originally pulled the woman over for speeding.

Napolitano said the question for prosecutors is going to be whether to pursue charges against the mother and boy or the police officers. He stated emphatically that the police officer who fired at the minivan had no right to use deadly force. "The law is that the police can't use deadly force unless deadly force has been used on them," said Napolitano, adding that clearly the teenage boy committed a felony by attempting to hit the policeman.

"The woman was unarmed, the boy was unarmed. The police had no right to shoot," he said. Brian Kilmeade asked whether the police, in the heat of the moment, may have had a suspicion that there were guns in the car. "The 'what ifs' do not justify the use of deadly force. The police would have to know, not have a hunch but know, that there was a weapon in the car that could have been used on them," said Napolitano.  

He said the policeman who bashed in the minivan's window should also face charges. "[That] is a criminal act for which he should be prosecuted. He should have been arrested on the spot by his fellow cops. ... You're going to spray glass in the face of children for reasons that you can't explain!" he said. Watch the discussion video here.