DOJ moves to drop charges against men arrested after north Minneapolis ICE shooting
Published in News & Features
Federal prosecutors have moved to drop criminal charges against two Venezuelan men whose highly publicized arrests in north Minneapolis last month have been disputed after conflicting accounts emerged from Homeland Security officials and defense attorneys.
The U.S. Attorney’s Office said Feb. 12 that “newly discovered evidence” in the case against Julio Cesar Sosa-Celis and Alfredo Alejandro Aljorna is “materially inconsistent” with the allegations initially brought against them in a criminal complaint.
Frederick Goetz, Aljorna’s attorney, called the request to drop the charges with prejudice − meaning prosecutors can’t refile the same case − “exceedingly rare” and commended the U.S. Attorney’s Office.
The Jan. 14 incident began with an attempted traffic stop on Interstate 94 that ended with an unidentified U.S. Immigration and Customs Enforcement agent shooting Sosa-Celis, who was not involved in the traffic stop and appeared to have been involved as a case of mistaken identity.
The moments leading up to his and Aljorna’s arrests have been weighed in court as different accounts emerged between the men’s families, lawyers and the Department of Homeland Security, which insisted the agent fired a defensive shot that struck Sosa-Celis while being attacked with a snow shovel and broom outside a north Minneapolis residence. Sosa-Celis was not the original target of enforcement action.
In a statement to the Minnesota Star Tribune on Thursday, Brian Clark, an attorney representing Sosa-Celis, said the family is “overjoyed.”
“The charges against them were based on lies by an ICE agent who recklessly shot into their home through a closed door. They are so happy justice is being served by the government’s request to dismiss all charges with prejudice,” the statement said.
Clark called for the identity of the ICE agent involved to be released, as well as criminal charges.
On the night of the incident, an agent pursued Aljorna for several miles before he crashed outside his apartment, according to an affidavit. The agent chased Aljorna and, according to court records, a scuffle ensued. Officials alleged Aljorna and Sosa-Celis beat the officer with a snow shovel and broom.
The agent fired a single shot, the affidavit said, and the bullet passed through Sosa-Celis’ thigh. Exactly when the agent fired, however, was heavily debated in court. U.S. District Judge Paul Magnuson repeatedly questioned prosecutors on whether the shot was fired before or after the men entered the duplex.
Assistant U.S. Attorney Syngen Kanassatega replied that the government had not yet been provided such evidence. Goetz showed Magnuson photos on his laptop showing a single bullet hole through the front door of the home.
The men lived on the top floor of the duplex with their toddler sons and 19-year-old partners. The young women were taken to a Texas immigration facility shortly after the arrests.
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