WandaVision asked an ugly question: Was Director Tyler Hayward of SWORD justified in ordering a drone strike on Wanda Maximoff for holding nearly 4,000 people against their will in the Hex?
There is a strong argument for YES.
Wanda’s Crimes Against Westview
The first part of the analysis is understanding the crimes Wanda Maximoff was actively committing at the time Director Hayward ordered the drone strike.
The first is the False Imprisonment of 3,892 people. New Jersey defines False imprisonment as “…a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.” N.J.S. § 2C:13-3.
Wanda falsely imprisoned 3,892 people. If she had been charged and convicted of the crime, she could be facing approximately 1,946 years in jail and a fine of $3,892,000.
The second is Kidnapping of 3,892 people. New Jersey defines kidnapping as follows:
A. Holding for ransom, reward or as a hostage. A person is guilty of kidnapping if he unlawfully removes another from the place where he is found or if he unlawfully confines another with the purpose of holding that person for ransom or reward or as a shield or hostage.
B. Holding for other purposes. A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes:
(1) To facilitate commission of any crime or flight thereafter;
(2) To inflict bodily injury on or to terrorize the victim or another;
(3) To interfere with the performance of any governmental or political function; or
(4) To permanently deprive a parent, guardian or other lawful custodian of custody of the victim.
N.J.S. § 2C:13-1.
Wanda held 3,892 people to facilitate the commission of a crime, specifically false imprisonment to play out her fantasy world. There is an argument she was also terrorizing her victims, but she might not have been knowingly causing that harm.
Use of Force on the Scarlet Witch
Lethal Force is justified when an officer “has probable cause to believe that the suspect poses a serious threat of physical harm, either to the officer or to others.” Wells v. City of Chattanooga, Tennessee, Civil No. 1:09-CV-219, at *9-10 (E.D. Tenn. July 14, 2011). Moreover, when a suspect has taken hostages, the suspect have demonstrated a propensity for violence and unpredictability. Clay v. Williams, No. 17 C 6461, at *24 (N.D. Ill. May 31, 2020).
Wanda placed an entire town under an energy field that altered reality to suit her fantasy of a domestic life based on classic sitcoms. While there is debate over at what point Wanda went from having a nervous breakdown from her personal loss to knowingly holding nearly 4,000 people against their wills, Director Hayward could argue there was probable cause he believed Wanda to be a serious threat of physical harm to others.
Would firing on Wanda been a good idea? There is a strong argument for “No,” because it was unknown what would happen to the Hex if Wanda was killed and if that would have harmed the Wanda’s victims. While there is justification to fire on Wanda, the wildcard of endangering the lives of everyone in the Hex would argue against taking the shot.
