Prosecutors move to dismiss charges against men accused of hitting ICE officer with broom and shovel

MINNEAPOLIS (AP) — Federal prosecutors in Minneapolis have moved to drop felony assault charges against two Venezuelan men who were 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-Sales is “materially inconsistent with the charges against them.”

The government’s motion asked the judge for a “dismissal with prejudice,” meaning the charges against the two men could not be refiled.

The pending dismissal comes after a string of high-profile shootings involving federal immigration agents where eyewitness accounts and video evidence have been called into question claims to justify the use of deadly force. Dozens of criminal cases have also been filed against protesters accused of assaulting or obstructing federal officials.

The case at issue in Thursday’s filing stems from a Jan. 14 incident in which an FBI investigator said in an affidavit that U.S. Immigration and Customs Enforcement officers attempted a traffic stop in a vehicle driven by Aljorna, who crashed and fled on foot toward an apartment complex. When an immigration officer pursued and attempted to arrest her, the government claims Aljorna began violently resisting.

As the officer and Aljorna wrestled on the ground, Sousa-Salice and another man came out of 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 struck Sousa-Selice in the upper right thigh with his handgun. The men then fled to a nearby apartment, where they were later arrested.

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

“What we saw last night in Minneapolis was an attempted assassination of federal law enforcement,” Noem said in a Jan. 15 statement. “Our officer was accosted and assaulted by three men who beat him with snow shovels and broom handles. Fearing for his life, the officer fired defensively.”

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 at trial.

In court, the ICE officer’s account of the moments before the shooting differed greatly from the testimony of the two defendants and three other eyewitnesses. Available video evidence also did not corroborate accounts of the ICE officer being attacked with a broom and snow shovel.

Aljorna and Sosa-Salice denied attacking the agent with a broom or snow shovel. Neither video evidence nor testimony from neighbors and the two men’s romantic partners supported the agent’s account that he was attacked with a dog or shovel or that a third person was involved.

Aljorna’s attorney, Frederick Goetz, said Aljorna had a broomstick in hand and threw it at the agent as he ran toward the house. Robin Wolpert, Sousa-Salice’s attorney, said he was holding a shovel but was injured as he was walking back into the house after the officer shot him. The men’s lawyers said the prosecution’s entire case hinged on the testimony of the agent who fired the gun.

Neither Aljorna nor Sosa-Salice had violent criminal records. Both were working as DoorDash delivery drivers at night to avoid encounters with federal agents, their attorneys said.

After Aljorna and Sosa-Salice entered the nearby home, they and their families barricaded the upstairs door to prevent federal agents from entering, according to the FBI agent. Federal authorities then used tear gas to try to force the family out of their home, he added. Out of concern for the safety of the two children inside the home — both under the age of 2 — Aljorna and Sosa-Salice then turned themselves in to authorities.

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Bisecker reported from Washington.