"A Mexican man was climbing a ladder when a Border Patrol agent fatally shot him three times, a sheriff's spokeswoman told the Associated Press on Monday."

To be clear, the ladder was on the border and rocks were being thrown at the agent, though not by the man he/she shot. This was clearly a criminal who was shot, drugs were found.

My Question is this: Is the shooting of an unarmed man, presumably in the back (I can only think of one way to climb a ladder to get over a wall) justified regardless of the circumstances or should this be let go because this man was not a citizen?