Which is preventing the commission of a capital crime such as murder or rape.
It's easy to point fingers from the air conditioned comfort of your home. Unless you were there, you don't really know what happened.
I'm a medically-retired cop (medically retired after losing most of one of my favorite lungs in a shooting). What I do know has happened is the following:
1. Border agent claimed after the shooting came to light that the smuggler turned and made the infamous "furtive gesture."
2. Smuggler was shot in the a$$--i.e., from behind.
3. Next problem: the border patrol agents destroyed evidence and ensured that this was not reported.
4. When this finally came to light, they proceeded to tell a tale of the guy turning toward them and having something like a gun. However, no gun is found.
5. Border agents' statement compared to wounds on smuggler. Smuggler shot from behind, so he was NOT turned toward the agents as described. Further, the agents went out of their way to collect spent brass from the shooting. Taken together, the agents' concealment, alteration, and destruction of evidence, and their statements that are at odds with the physical evidence available, and you have consciousness of guilt.
The "you don't know" silliness is just that--silliness. What is known is damning in the extreme.
So their so-called crime is so much worse than the illegal trying to bring hundreds of pounds of marijuana into this country to help destroy who knows how many lives that they deseve years in prison and the illegal who broke multiple laws gets a free pass?.......what are you smoking?