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Old 06-11-2019, 11:48 PM   #11
Icelander
 
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Default Re: Federal Response

Quote:
Originally Posted by Anthony View Post
Pretty sure they'd get lead based on the international origins of a lot of the involved parties (ICE
The FBI will always provide support, as is available in all mass shooting incidents. However, they can only become the lead agency if the homicides of Sergeant Deputy Higgins, EMT Anne Marie Roth and Officers Talley and Washington are determined to be federal crimes.The aggravated assault on the surviving officers and paramedic, as well as weapon charges and any incidental charges, would always be secondary to the homicides.

From what I can tell, the homicides could legitimately become federal crimes in several ways. First and most important, if the attack were to be determined to be an act of terror. Second, if the homicides were found to be drug related. Third, if the homicides are deemed to fall under the 'murder for hire' statue (18 U.S.C. Section 1958).

Other arguments that could be advanced are that the suspects travelled across state lines with clear intent to commit felonies and/or that the homicides were committed in the course of another felony, in itself a federal crime. The crossing of state lines is a relatively weak argument unless the attack on the ambulance and escort were found to be murder for hire.* Note that most murders committed by immigrants, legal and illegal, in Texas counties that border Mexico, are still under local or state jurisdiction, unless they are definitely determined to be related to drug trafficking (not just generally assumed to be).

On the other hand, a case could be made that the attack on the ambulance was 'attempted kidnapping' of the suspect known as 'Gwen Delvano', if the FBI are absolutely determined to secure status as the lead agency, as opposed to providing support to an inter-agency investigation led by local police with jurisdiction over 'ordinary' felonies, homicides and mass shootings.

Note that the Galveston County Sheriff's Office had jurisdiction over the Santa Fe mass shooting earlier in 2018, in real life, and the 2016 Dallas shooting of police fell under Dallas PD jurisdiction, with federal agencjes confined to providing support. I assume that it might anger local law enforcement to be sidelined and judging from the response to Texas mass shootings between 2015-2018, Governor Abbot and the leadership of the Texas DPS would be firmly opposed to having jurisdiction over the homicides become federal.

Formally and legally, the determination of federal jurisdiction is in the hands of US Attorney Ryan Patrick, son of (Texas) Lieutenant Governor Dan Patrick. I'm aware that Dan Patrick and Greg Abbot are by no means always in perfect amity, but still, I would find it surprising if US Attorney Ryan Patrick delivered such a public slap to the prestige and autonomy of the Texas state government while his father is Lieutenant Governor and he himself is part of the Republican political machine in Texas.

The politically safe way to handle jurisdiction is for Galveston PD to retain the status of lead agency in formal terms, but for state and federal investigative resources that dwarf theirs to be made available through an inter-agency task force. Given the existence of the Gulf Coast Violent Offender and Fugitive Task Force, in this area staffed by Galveston PD and GCSO, but coordinated and led by the US Marshals, it might make sense to attach any FBI response to that task force and have it take the lead in the hunt for any suspected perpetrators still at large. That's a face-saving maneuver that Chief Vernon Hale and Sheriff Henry Trochesset could accept, while still allowing federal and state level agencies to contribute their full resources.

*In itself debatable, speaking as the omniscient narrator. Raul and the OpFor were hired specifically to rescue the one known as 'Gwen Delvano' from (illegal) confinement by the PCs. The party hiring them was indifferent as to methods and certainly didn't care about casualties that might result, but there was no payment or other consideration delivered or promised for any of the homicides that took place.

Quote:
Originally Posted by Anthony View Post
Secret service maybe.
What about the case would lead to the Secret Service becoming involved?

Do you mean once the link to precious metals and commodities trading is established and/or if the authorities discover 125 kg of gold in the Nissan Altima (which might not be discovered, if the extraction team of the OpFor have the sense to bail)?

Quote:
Originally Posted by dcarson View Post
Given the kind of criminal history of some the DEA might argue for jurisdiction.
While several of the suspects have links to DTOs in South America, note that this doesn't allow the DEA more than supporting status. If the murders were determined to be drug related, that would mean the FBI became the lead agency, not the DEA.
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Last edited by Icelander; 06-12-2019 at 04:44 AM.
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