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MINNEAPOLIS (AP) — In a surprising turn of events, federal prosecutors in Minneapolis are seeking to dismiss felony assault charges against two Venezuelan men. This decision comes after the surfacing of new evidence that disputes the government’s initial narrative, including an incident where one of the men was shot in the leg by an immigration officer.
The U.S. Attorney’s Office for the District of Minnesota filed a request on Thursday to drop the charges against Alfredo Alejandro Aljorna and Julio Cesar Sosa-Celis. They stated that recently uncovered evidence contradicts the allegations reported in both a criminal complaint and a court hearing held last month.
The motion submitted by the government calls for the charges to be dismissed “with prejudice,” which would prevent any future re-filing of the same charges against the two men.
This development follows a series of controversial incidents involving federal immigration agents where eyewitness accounts and video footage have challenged the validity of claims that justified the use of deadly force. This has led to the collapse of numerous felony cases against protesters accused of assaulting or obstructing federal officers.
The case in question originated from an incident on January 14. According to an FBI investigator’s affidavit, U.S. Immigration and Customs Enforcement officers attempted a traffic stop on a vehicle driven by Aljorna. After crashing the vehicle, Aljorna reportedly fled on foot towards an apartment complex. The government initially alleged that during the pursuit, Aljorna 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, then fired his handgun, striking Sosa-Celis in the upper right thigh. The men then fled into a nearby apartment, where they were later arrested.
The day after the shooting, Homeland Security Secretary Kristi Noem used the incident to attack 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.”
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 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 other eyewitnesses. 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 partners supported the agent’s account that he had been attacked with a broom or shovel or that there had been a third person involved.
Aljorna’s attorney Frederick Goetz said Aljorna had a broomstick in his hand and had thrown it at the agent as he ran towards 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 that the entirety of the prosecution’s case relied 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.
After Aljorna and Sosa-Celis retreated into a nearby home, they and their families barricaded the upstairs door to prevent federal agents from entering, according to the FBI agent. Federal officers 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 home — both under the age of 2 — Aljorna and Sosa-Celis then turned themselves over to authorities.
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Biesecker reported from Washington.