and later released by Minneapolis officials from a city traffic camera contradicted the account of Castro and the Department of Homeland Security, who called Sosa-Celis and two other Venezuelan men “attempted murders” and claimed the ICE agent fired defensively after the men beat the agent with brooms and a shovel.
Federal charges against Sosa-Celis and Aljorna were dismissed with prejudice in February following inconsistencies between the testimony of two ICE agents on the scene, one of which was Castro, and evidence reviewed by the U.S. Attorney’s Office. Shortly after that, the two agents were placed on administrative leave while they were investigated for lying under oath.
“Mr. Castro was not under any physical threat when he fired his weapon or even beforehand. He was not hit by a shovel or a broom, and in fact, he was not hit at all,” Moriarty said. “His own boss, ICE director Todd Lyons, acknowledged that two ICE agents lied in the aftermath of this incident. Mr. Castro was one of them.”
ICE did not immediately respond to requests for comment.
The incident was the second of three shootings by federal agents during Operation Metro Surge earlier this year, which resulted in the deaths of Renee Macklin Good and Alex Pretti. Moriarty said her office is still gathering evidence in the killings of Good and Pretti, though the timelines on charging decisions remain unclear.
The prosecution of the case against Castro can begin as soon as the agent is in custody or makes a first appearance in court, Moriarty said. Second-degree assault with a gun carries a mandatory minimum sentence of three years.
Moriarty said it is likely the case could be removed to federal court but the case will still be prosecuted by her office under Minnesota statute, which would make Castro ineligible for a presidential pardon should he be convicted. Castro could also invoke the Supremacy Clause, which protects federal agents from state prosecution for actions performed as they are carrying out their duties, but it has to be decided by a judge, she said.
“It is not absolute immunity, it is a defense that a federal agent could raise,” she said. “If a judge decides that Supremacy Clause immunity is not appropriate in this case, then we continue to prosecute it.”
The post ICE agent charged in shooting of Venezuelan man in north Minneapolis appeared first on Sahan Journal.
