Prosecutors move to drop ICE assault charges against 2 Venezuelan men in Minneapolis

MINNEAPOLIS (TNND) — Federal prosecutors in Minneapolis on Thursday moved to drop felony assault charges against two Venezuelan men accused of assaulting Immigration and Customs Enforcement (ICE) officers in January.

The U.S. Attorney’s Office for the District of Minnesota said in the filing 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.

The Justice Department’s motion asked the judge for “dismissal with prejudice,” meaning the charges cannot be resubmitted.

Aljorna and Sosa-Celis were charged with forcibly assaulting, resisting or impeding federal officers in performance of their official duties.

Julio Cesar Sosa-Celis (DHS)

Sosa-Celis, who illegally entered the U.S. from Venezuela in August 2022, was the target of the ICE operation on Jan. 14 when he fled from a traffic stop before being shot in the leg, according to Homeland Security.

Ajorna was identified as one of the two men who came out of a nearby apartment and attacked the ICE agent with a snow shovel and broom handle while he was trying to arrest Sosa-Celis.

“Fearing for his life and safety as he was ambushed by three individuals, the officer fired a defensive shot to defend his life,” Homeland Security reported after the shooting. “The initial subject was hit in the leg.

In court, the ICE officer’s account of the moments before the shooting differed significantly from testimony from the two defendants and three other eyewitnesses. The ICE officer’s account of being assaulted with a broom and snow shovel was also not corroborated by the available video evidence.

Aljorna and Sosa-Celis denied assaulting the agent with a broom or snow shovel. Neither video evidence nor testimony from a neighbor and the two men’s romantic partners supported the agent’s account that he had been attacked with a broom or shovel or that there had been a third person involved.

Aljorna’s attorney, Frederick Goetz, said Aljorna had a broomstick in his hand and had thrown it at the agent as he ran towards the house. Sosa-Celis’s attorney, Robin Wolpert, said he had been holding a shovel but was retreating into the home when the officer fired, wounding him. The men’s attorneys said that the entirety of the prosecution’s case relied on testimony from the agent who fired the gun.

Neither Aljorna and Sosa-Celis had violent criminal records. Both had been working as DoorDash delivery drivers at night in an attempt to avoid encounters with federal agents, their attorneys said.

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

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Editor’s note: The Associated Press contributed to this article.