Federal Prosecutors Move to Dismiss Charges in ICE Shooting Incident
Federal prosecutors in Minneapolis have taken steps to drop felony assault charges against two Venezuelan men, one of whom was shot in the leg by an immigration officer. This decision follows the emergence of new evidence that undermines the government's original version of events, leading to a significant shift in the high-profile case.
New Evidence Undercuts Government's Claims
In a filing submitted on Thursday, the U.S. Attorney's Office for the District of Minnesota cited "newly discovered evidence" that is "materially inconsistent with the allegations" against Alfredo Alejandro Aljorna and Julio Cesar Sosa-Celis. The motion requests a "dismissal with prejudice," meaning the charges cannot be reinstated against the men in the future.
This development comes amid a series of controversial shootings involving federal immigration agents, where eyewitness accounts and video footage have frequently challenged official justifications for the use of deadly force. Numerous felony cases against protesters accused of assaulting or impeding federal officers have similarly collapsed under scrutiny.
Background of the January Incident
The case originated from an incident on January 14, when ICE officers attempted a traffic stop on a vehicle driven by Aljorna. According to an FBI affidavit, Aljorna crashed the vehicle and fled on foot toward an apartment complex. An immigration officer pursued him, and the government initially claimed that Aljorna resisted violently during the arrest attempt.
As the officer and Aljorna struggled on the ground, the complaint alleged that Sosa-Celis and another man emerged from a nearby apartment and attacked the officer with a snow shovel and a broom handle. In response, the unnamed officer fired his handgun, striking Sosa-Celis in the upper right thigh. The men then fled into an apartment, where they were later arrested.
Political Reactions and Legal Proceedings
Following the shooting, Homeland Security Secretary Kristi Noem used the incident to criticise Minnesota Governor Tim Walz and Minneapolis Mayor Jacob Frey, accusing the Democrats of encouraging assaults on law enforcement. In a statement on January 15, Noem described the event as an "attempted murder of federal law enforcement," claiming the officer was ambushed and attacked with snow shovels and broom handles.
However, during a court hearing on January 21 to determine pretrial release, discrepancies began to surface. The ICE officer's account of the moments before the shooting differed significantly from testimony provided by the two defendants and three other eyewitnesses. Video evidence also failed to corroborate the officer's claim of being assaulted with a broom or snow shovel.
Defence Arguments and Lack of Corroboration
Aljorna and Sosa-Celis denied assaulting the agent with a broom or snow shovel. Their attorneys, Frederick Goetz and Robin Wolpert, argued that Aljorna had thrown a broomstick at the agent while running, and Sosa-Celis was holding a shovel but retreating when shot. Testimony from a neighbour and the men's romantic partners did not support the agent's account, and no evidence indicated a third person was involved.
The defence emphasised that the prosecution's case relied solely on the testimony of the officer who fired the gun. Both men had no violent criminal records and were working as DoorDash delivery drivers at night to avoid encounters with federal agents.
Aftermath and Surrender
After retreating into a nearby home, Aljorna and Sosa-Celis, along with their families, barricaded the upstairs door to prevent federal agents from entering. According to the FBI agent, officers used tear gas in an attempt to force the family out. Concerned for the safety of two children under the age of 2 inside the home, the men ultimately surrendered to authorities.
The one-page motion to dismiss the charges did not specify the nature of the new evidence, but it highlights ongoing challenges in cases involving federal immigration enforcement and the use of force.
