Former VCU nurse could be in legal trouble for ICE comments, 8News legal analyst says

RICHMOND, Va. (WRIC) -- Tensions regarding U.S. Immigration and Customs Enforcement's (ICE) policies and actions continue to reach Central Virginia.

A Virginia Commonwealth University (VCU) Health employee was fired after videos of her on social media surfaced about threatening to harm federal immigration agents. 8News Legal Analyst Russ Stone sat down to speak about the possible legal issues ahead.

VCU called the social media videos, made by now-former nurse Malinda Hook, "highly inappropriate."

"Get on Tinder. Get on Hinge. Find these guys. They're around," Cook said in one of the videos. "They're an ICE agent: bring some ex-lax. Put it in their drinks. Get them sick ... Just enough to incapacitate them. Get 'em off the street for the next day."

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Content like this had been republished by LibsofTikTok, with the account's hundreds of thousands of followers weighing in on the heated issue. VCU deemed the statements as "not reflecting the integrity or values of our health system."

Stone, who is not involved in this case, was once a prosecutor and now works as a defense attorney. He shared with our team both sides of the argument -- whether someone could prosecute the former nurse on her remarks and what a possible defense strategy could be.

"It's even more surprising because she's in the healthcare field, where the Hippocratic Oath says, 'First, do no harm," Stone said. "She's clearly not following her oath."

Stone believes a prosecutor could charge Cook with solicitation to commit a felony offense -- but he adds there's always another side to the story.

"I do think there is argument to be made that this woman is just trying to get clicks," Stone said. "[You could argue that] 'She's not really serious about anything that she said.'"

Stone said that those who do want to protest ICE's actions -- especially after two ICE-involved shooting deaths in one month -- can do so safely and legally.

"You cannot impede somebody — a federal agent's — investigation, but you can certainly stand at an appropriate distance away and say whatever you want to say," Stone said. "Then, frankly, the phone that we all carry has a really good camera on it. There's absolutely nothing wrong with videotaping what you are observing."

8News spent the day on Tuesday, Jan. 27 working to get Cook's side of the story. She has not answered 8News's request as of the time of reporting.