Prosecutors drop charges against men accused of assaulting an ICE officer in Minneapolis

MINNEAPOLIS (AP) — Federal prosecutors in Minneapolis moved to dismiss felony assault charges against two Venezuelan men, including one shot in the leg fired by an immigration officer, after new evidence emerged that undermined the government’s version of events.

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The U.S. Attorney’s Office for the District of Minnesota said in a memo Thursday that “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 court hearing last month.

The government’s motion asks the judge to “dismiss with prejudice,” meaning charges against the two men cannot be refiled.

The highly anticipated dismissal comes after a series of high-profile shootings involving federal immigration agents, in which eyewitness statements and video evidence have cast doubt on claims made to justify the use of deadly force. Dozens of criminal cases against protesters accused of assaulting or obstructing federal officers have also collapsed.

There is no comment from the federal authorities on the move to dismiss

U.S. Immigration and Customs Enforcement officers attempted to stop a car driven by Aljorna on January 14, an FBI investigator said in an affidavit. He crashed the vehicle and fled on foot toward an apartment complex. An immigration officer pursued Aljorna, who, according to the government, violently resisted arrest.

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As the officer and Aljorna struggled on the ground, Sosa-Celis and another man emerged from a nearby apartment and attacked the officer with a snow shovel and broom handle, according to the complaint. The officer, who was not named in court filings, fired his handgun, striking Sosa-Celise in the upper right thigh. The men fled to a nearby apartment and were arrested.

A request for comment from the U.S. Attorney for Minnesota received an automated response Friday stating that 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 focused immigration enforcement effort targeting the Twin Cities. The Justice Department in Washington did not respond to a request for comment.

The day after the shooting, Homeland Security Secretary Kristi Noem attacked Minnesota Governor Tim Walz and Minneapolis Mayor Jacob Frey, accusing Democrats of “encouraging the obstruction and assault of our law enforcement which is a federal crime, and a felony.”

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“What we saw last night in Minneapolis was the attempted murder of a member of federal law enforcement,” Noem said in a January 15 statement. “Our officer was ambushed and attacked by three individuals who beat him with snow shovels and broom handles. Fearing for his life, the officer fired a defensive shot.”

The Department of Homeland Security did not respond to requests for comment about whether Noem stands by those statements in light of the dismissal of all charges against the men.

There are already obvious holes in the prosecution’s case

The one-page motion seeking to dismiss the charges did not include details of the new evidence that had come to light, but cracks began to appear in the government’s case during a court hearing on Jan. 21 to determine whether the accused men could be released pending trial.

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In court, the ICE officer’s account of the moments leading up to the shooting differed significantly from the testimony of the 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 client with a broom or snow shovel. Neither the video evidence nor the testimony of a neighbor and the men’s romantic partners supported the client’s account that he was attacked with a broom or shovel or that a third person was involved.

Algorna’s attorney, Frederick Goetz, said Aljorna had a broom in his hand and threw it at the agent as he ran toward the house.

Sosa-Selis’ attorney, Robin Woolpert, said he was carrying a shovel but was retreating into the house when the officer fired, wounding him. The men’s lawyers said the prosecution’s case relied entirely on the testimony of the agent who fired the shots.

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Aljorna and Sosa-Celise did not have violent criminal records. Both were working as DoorDash delivery drivers at night in an attempt to avoid confrontations with federal agents, their lawyers said.

Aljorna and Sosa-Celis retreated to a nearby home and barricaded the door to prevent federal agents from entering, according to an FBI agent. He added that federal officers used tear gas to try to force the men out of their home. Concerned for the safety of two children inside the home — both under the age of 2 — Aljorna and Sosa-Celis turned themselves in to authorities.

Besecker reported from Washington.