Minneapolis — Federal prosecutors in Minneapolis moved to drop felony assault charges against two Venezuelan men, one of whom was shot in the leg by an immigration officer, after new evidence emerged that undermined 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 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 suspended chapter comes after a series of… High-profile shootings Involving federal immigration agents where eyewitness testimonies and Video evidence It has been questioned Allegations made to justify the use of deadly force. Dozens of Criminal cases against protesters It also broke down those accused of assaulting or obstructing federal officers.
The case in Thursday’s filing stems from a Jan. 14 incident during which an FBI investigator said in an affidavit that U.S. Immigration and Customs Enforcement officers attempted to conduct a traffic stop on a vehicle driven by Aljorna, who crashed and fled on foot toward an apartment complex. As an immigration officer chased him and tried to arrest him, the government alleged, Aljorna began to violently resist.
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, then fired his gun, hitting Sosa-Selis in the upper right thigh. The men then fled to a nearby apartment, where they were later arrested.
The day after the shooting, Homeland Security Secretary Kristi Noem used the incident to attack Minnesota Governor Tim Walz and Minneapolis Mayor Jacob Frey, accusing Democrats of “encouraging obstruction and assault of law enforcement, which is a federal crime, and a felony.”
“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.”
Thursday’s one-page motion seeking to dismiss the charges did not include details of the new evidence that 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 the testimony of the defendants and three other eyewitnesses. The ICE officer’s account of being 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 romantic associates of the two men 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 entire case rests on the testimony of the agent who fired the shots.
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.
After Aljorna and Sosa-Celise retreated to a nearby house, they and their families barricaded the upstairs door to prevent federal agents from entering, according to an FBI agent. He added that federal officers then used tear gas to try to force the family out of their home. Out of concern for the safety of two children inside the home – both under the age of two – Aljorna and Sosa Celis turned themselves in to the authorities.
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Besecker reported from Washington.