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 stated 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 a court hearing last month.
The government’s motion asked the judge for “dismissal with prejudice,” which means the charges against the two men cannot be resubmitted.
The pending dismissal comes on the heels of several high-profile incidents involving federal immigration agents where eyewitness statements and video evidence have called the officers’ accounts into question.
The case in question relates to a January 14 incident during which U.S. Immigration and Customs Enforcement officers reportedly attempted to conduct a traffic stop on a vehicle driven by Aljorna, leading to a pursuit where he allegedly resisted arrest.
As the officer and Aljorna struggled, Sosa-Celis reportedly emerged from a nearby apartment and allegedly attacked the officer with a snow shovel and broom handle. In response, the officer fired his weapon, striking Sosa-Celis. Both men later fled into an apartment, where they were arrested.
Homeland Security Secretary Kristi Noem cited this incident to criticize Minnesota officials, labeling it as an attempted murder of federal law enforcement. However, during a subsequent court hearing, discrepancies appeared between the officer’s testimony and those of the defendants and other witnesses.
The ICE officer's account was not supported by available video evidence, leading to growing doubt about the narrative initially offered by the prosecution.
Footage and witness accounts suggested that Aljorna had been holding a broomstick but had thrown it while fleeing, while Sosa-Celis was retreating when shot. Their defense attorneys argued that the prosecution's case heavily relied on the officer's testimony, which is now under scrutiny.
Aljorna and Sosa-Celis had no prior violent criminal records and were working delivery jobs to avoid confrontation with federal agents. After barricading themselves in their home following the incident, they eventually surrendered due to concerns for children inside.
