The New Mexico State Police officer who fired shots at a minivan full of children during a chaotic October traffic stop has been fired, a spokesman with the law enforcement agency said Friday.

Lt. Emmanuel Gutierrez, a State Police spokesman, said he confirmed with State Police Chief Pete Kassetas that Officer Elias Montoya was no longer employed by the department. Montoya’s termination was effective at 5 p.m. Friday.

Montoya and another officer arrived after Farrell left the initial traffic stop and pulled over about a half mile later. When Farrell pulled away the second time, Montoya fired three shots at the minivan, which also was carrying Farrell’s five children. Montoya wrote in a police report that he aimed “at the left rear tire in an attempt to immobilize the vehicle.”

So here is my question.┬áIf the New Mexico State Police feel that shooting at the minivan is a firing offense for Montoya, why isn’t it also serious enough to warrant criminal charges?