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 came to light that undermined 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 in a court hearing last month.
The government’s motion asked the judge for a “dismissal with prejudice”, meaning the charges against the two men cannot be resubmitted.
The pending dismissal follows a series of high-profile shootings involving federal immigration agents where witness statements and video evidence have cast doubt on claims made to justify the use of deadly force. Dozens of felony cases against protesters accused of assaulting or obstructing federal officials also collapsed.
The case in question in Thursday’s filing stemmed from a January 14 incident during which an FBI investigator said in an affidavit that US Immigration and Customs Enforcement officers attempted to conduct a traffic stop on a vehicle driven by Aljorna, who crashed and fled on foot toward an apartment complex. As an immigration officer ran and tried to arrest him, the government claimed that Aljorna began to resist violently.
As the officer and Aljorna wrestled to 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, then fired his gun, striking Sosa-Celis in the upper right thigh. The men then fled to a nearby apartment, where they were later arrested.
The day after the shooting, Homeland Security Secretary Kristi Noem used the incident to attack Minnesota Governor Tim Walz and Minneapolis Mayor Jacob Frey, accusing Democrats of “encouraging disruption and assault against our law enforcement which is a federal crime, a felony.”
“What we saw last night in Minneapolis was an attempted assassination of federal law enforcement,” Noem said in a Jan. 15 statement. “Our officer was pushed and attacked by three individuals who beat him with snow shovels and broom handles. Fearing for his life, the officer fired a defensive shot.”
Thursday’s one-page motion seeking to dismiss 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 can be released pending trial.
In court, the ICE officer’s account of the moments before the shooting differed significantly from the testimony of the two defendants and three other witnesses. The ICE officer’s account of being assaulted with a broom and snow shovel was also not corroborated by the available video evidence.
Aljorna and Sosa-Celis denied assaulting the agent with a broom or snow shovel. Neither video evidence nor testimony from a neighbor and the two men’s romantic partner supported the agent’s account that he was attacked with a broom or shovel or that there was a third party involved.
Aljorna’s lawyer Frederick Goetz said that Aljorna had a broom in his hand and had thrown it at the agent as he ran towards the house. Sosa-Celis’ lawyer Robin Wolpert said he was holding a shovel but was retreating into the house when the officer shot, wounding him. The men’s lawyers said that the prosecution’s entire case rested on the testimony of the agent who fired the gun.
Neither Aljorna nor Sosa-Celis had violent criminal records. Their attorneys said the two were working as DoorDash delivery drivers at night in an attempt to avoid encounters with federal agents.
After Aljorna and Sosa-Celis retreated to a nearby home, they and their families barricaded the upstairs door to prevent federal agents from entering, according to the FBI agent. Federal officials then used tear gas to try to force the family out of their home, he added. Out of concern for the safety of two children inside the house — both under the age of two — Aljorna and Sosa-Celis then handed themselves over to the authorities.
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Biesecker reported from Washington.