MINNEAPOLIS (AP) — Federal prosecutors in Minneapolis have moved to drop felony assault charges against two Venezuelan men, including one shot in the leg by an immigration officer, after new evidence emerged undercutting the government's version of events.
In a filing Thursday, the U.S. Attorney’s Office for the District of Minnesota said “newly discovered evidence” in the criminal case against Alfredo Alejandro Aljorna and Julio Cesar Sosa-Celis “is materially inconsistent with the allegations against them” made in a criminal complaint and a court hearing last month.
The government's motion asked the judge for “dismissal with prejudice,” meaning the charges against the two men cannot be resubmitted.
The pending dismissal comes after a string of high-profile shootings involving federal immigration agents where eyewitness statements and video evidence have called into question claims made to justify using deadly force. Dozens of felony cases against protesters accused of assaulting or impeding federal officers have also crumbled.
No comment from federal authorities on move to dismiss
An FBI investigator said in an affidavit that U.S. Immigration and Customs Enforcement officers attempted to conduct a traffic stop on a vehicle driven by Aljorna on Jan. 14. He crashed the vehicle and fled on foot toward an apartment complex. An immigration officer chased Aljorna who — according to the government — violently resisted arrest.
As the officer and Aljorna struggled on the ground, Sosa-Celis and another man came out of a nearby apartment and attacked the officer with a snow shovel and a broom handle, according to the complaint. The officer, who was not named in court filings, fired his handgun, striking Sosa-Celis in the upper right thigh. The men fled into a nearby apartment, and were arrested.
A request for comment from the U.S. Attorney for Minnesota received an automated response Friday saying the office no longer has a public information officer. There has been a wave of staff departures from the federal prosecutor's office since the Trump administration launched Operation Metro Surge, a concentrated immigration enforcement effort targeting the Twin Cities. The Justice Department in Washington has not responded to a request for comment.
The day after the shooting, Homeland Security Secretary Kristi Noem attacked Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey, accusing the Democrats of “encouraging impeding and assault against our law enforcement which is a federal crime, a felony.”
“What we saw last night in Minneapolis was an attempted murder of federal law enforcement," Noem said in a Jan. 15 statement. “Our officer was ambushed and attacked by three individuals who beat him with snow shovels and the handles of brooms. Fearing for his life, the officer fired a defensive shot.”
The Department of Homeland Security has not responded to requests for comment about whether Noem stands by those statements in light of the pending dismissal of all charges against the men.
Holes already apparent in prosecution case
Thursday's one-page motion seeking to drop the charges did not detail what new evidence had emerged, but cracks began to appear in the government's case during a Jan. 21 court hearing to determine whether the accused men could be released pending trial.
In court, the ICE officer's account of the moments before the shooting differed significantly from testimony from the two defendants and three eyewitnesses. The ICE officer’s account that he was assaulted with a broom and snow shovel was also not corroborated by available video evidence.
Aljorna and Sosa-Celis denied assaulting the agent with a broom or a snow shovel. Neither video evidence nor testimony from a neighbor and the men’s romantic partners supported the agent’s account that he had been attacked with a broom or shovel or that a third person was involved.
Aljorna’s attorney Frederick Goetz said Aljorna had a broomstick in his hand and had thrown it at the agent as he ran toward the house. Sosa-Celis’ attorney Robin Wolpert said he had been holding a shovel but was retreating into the home when the officer fired, wounding him. The men’s attorneys said the prosecution’s case relied wholly on testimony from the agent who fired the gun.
Neither Aljorna and Sosa-Celis had violent criminal records. Both had been working as DoorDash delivery drivers at night in an attempt to avoid encounters with federal agents, their attorneys said.
Aljorna and Sosa-Celis retreated into a nearby home and they barricaded the door to prevent federal agents from entering, according to the FBI agent. Federal officers used tear gas to try to force the men out of their home, he added. Out of concern for the safety of two children inside the home — both under the age of 2 — Aljorna and Sosa-Celis turned themselves over to authorities.
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Biesecker reported from Washington.
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