Bwah-HAH!1 Border Patrol shoots at militia bozo "patrolling the border"!1

[petronius]

9. IMO, "fog of war" is not a justification or explanation that law enforcement

personnel should have access to, but it seems that too many LEOs like to use that 'uncertainty' argument to excuse excessive force or the deployment of military equipment or shots being fired. Whether it's a tea-bagger asshat, or a teenager on the street, or a couple of women in a pickup, or even the family pet, I expect LEOs to pull a trigger when they're certain of the necessity, and not before.

In this case, the militia dude could have avoided the situation by not being there in such a guise, and that's probably advice he should have received and followed, but the responsibility and the error of shots being fired at an innocent bystander is squarely on the shoulder of the BP agent. In my opinion from afar, of course...