Whoa, whoa... we're heading into the weeds.
I didn't mean to say the guy was aggressive or whatever and deserved what happened (that was snarkily poor phrasing on my part).
Just a response to your comment on brandishing and an example of how behavior can affect context.
And I haven't seen the vid nor read any articles so I'll have to hold off deciding what happened. Though the Mrs. getting shots off... and surviving, is a new wrinkle. Surprised it didn't turn into a standoff. [emoji15]
But we agree... 'shoot first, ask questions later' is crap policy. This outcome is far too common here.
I understand the above, but I am just making the case that brandishing would not make sense in this case as far as we know the evidence so far. There's some ambiguity, as always, in the law's definition of brandishing, but I think in general, to be guilty of it, one must be the initiator of an action. If you make a threat with a gun, you're in the wrong. But in a gun-happy state like New Mexico, if you answer a threat with a gun, I doubt you would be. If the man came to the door with gun at the ready, to confront kids on the lawn, yes, he'd have been guilty of it. But if he came to the door with gun (ready or not) to answer to an unknown knock on the door, not. If carrying a gun in your house when investigating an unknown incident is brandishing, then the presumed "castle doctrine" and the right of self defense supposedly enshrined in New Mexico law is nullified. The whole point of the castle doctrine is to make brandishing a right in certain circumstances.
Of course it remains to be seen, and it wouldn't be the first time the cops presume that their special status trumps the law.
It's a little unclear from the statement so far whether gunfire was exchanged with the wife, or to what extent, and my guess is that by this time the cops knew they'd really blown it, and yelled something with sufficiently intelligible threat. I'm entirely guessing here, but the wife also, presumably, knew that there was shooting going on, having just seen her husband shot dead, and may have been more cautious, whereas I suspect that it will be found the cops never gave their initial victim a chance at all, and shot him on sight.
We are indeed in the woods here, but it can be an interesting place to wander about while waiting for the real news as long as we remember not to draw any guns. I'm guessing here, of course, but my guess from the clip we've seen and the nearly tearful recounting done there, that the cockup will be greater and more embarrassing than we've seen so far.