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 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.
This dismissal comes after a series of high-profile incidents involving federal immigration agents where eyewitness statements and video evidence have raised questions about claims justifying the use of deadly force. Many felony cases against protestors accused of assaulting or impeding federal officers have also fallen apart.
The charges originated from a January 14 incident in which an FBI investigator claimed U.S. Immigration and Customs Enforcement officers attempted to stop a vehicle driven by Aljorna. The vehicle crashed, and Aljorna fled on foot. In the altercation, the immigration officer alleged that Aljorna violently resisted arrest.
As the officer struggled with Aljorna, Sosa-Celis and another individual reportedly attacked the officer with a snow shovel and broom handle. In response, the officer fired his weapon, hitting Sosa-Celis.
The day after the incident, Homeland Security Secretary Kristi Noem used it as a platform to criticize local leaders, accusing them of fostering an environment where attacks on law enforcement could occur.
In court, divergent accounts between the ICE officer and three eyewitnesses began to surface, with video evidence failing to corroborate the officer's claims of being assaulted with the objects mentioned.
Both defendants denied the allegations and indicated they were attempting to escape the situation. Neither had a violent criminal history, with both working as delivery drivers to avoid federal encounters.
Following the struggle, the two men barricaded themselves in a house with family members, leading federal agents to deploy tear gas before they eventually surrendered.
Biesecker reported from Washington.
