MINNEAPOLIS — In a startling development, the acting director of Immigration and Customs Enforcement (ICE) has revealed that two officers from the agency may have provided false testimony regarding the shooting of a migrant in Minnesota. This revelation has prompted the possibility of federal charges against the officers involved.
Acting ICE Director Todd Lyons issued a statement detailing the findings of a joint review conducted by ICE and the Department of Justice (DOJ). The review, which included video evidence, suggested that both officers in question had made “untruthful statements” under oath. As a result, they have been placed on administrative leave while a comprehensive internal investigation is underway.
“Lying under oath is a serious federal offense,” Lyons emphasized. “The U.S. Attorney’s Office is actively investigating these false statements.” He further reiterated ICE’s commitment to upholding the law with the utmost professionalism and integrity, affirming that any breach of this responsibility would not be tolerated.
This announcement follows a request from Minnesota’s top federal prosecutor to drop charges against two men involved in the incident, including one who sustained a gunshot wound to the leg from an immigration agent. Initially, the encounter was portrayed as a “violent” attack on law enforcement during an immigration enforcement operation.
Daniel Rosen, the U.S. Attorney for the District of Minnesota, highlighted the emergence of “newly discovered evidence” that contradicts the allegations made in the complaint affidavit and preliminary hearing testimony. Although Rosen did not specify the nature of this new evidence, its impact has been significant enough to prompt a reassessment of the initial claims.
“Newly discovered evidence in this matter is materially inconsistent with the allegations in the complaint affidavit. … as well as the preliminary-hearing testimony,” U.S. Attorney for the District of Minnesota Daniel Rosen wrote in the filing Wednesday evening. It remains unclear what specific new evidence Rosen was referencing.
Rosen has asked the court to dismiss the case with prejudice, meaning the charges cannot be refiled.
“Accordingly, dismissal with prejudice will serve the interests of justice,” Rosen wrote.
In the wake of the shooting on Jan. 14 — a week after an ICE agent fatally shot Renee Good in Minneapolis — the Trump administration said the man who was shot, Julio Cesar Sosa-Celis, attacked a federal law enforcement officer with a “shovel or a broom stick” and that the incident was part of “an attempt to evade arrest and obstruct law enforcement.”
Lawyers for another man charged in the incident, Alfredo Aljorna, said surveillance videos did not corroborate the FBI’s claims that an agent was assaulted and said Sosa-Celis was shot while standing at his doorway some distance away from the officer.
Earlier this month attorneys for Aljorna also urged a judge to prohibit the government from deporting key witnesses who they said cast doubt that an agent was repeatedly struck with a broom or a snow shovel, Judge Paul Magnuson granted the request.
The reversal on the assault charges for Sosa-Celis and Aljorna comes after several discrepancies emerged between statements from Department of Homeland Security officials and details outlined in court records regarding their arrests.
DHS initially said in statements to media that officers were conducting a “targeted traffic stop” for Sosa-Celis when he fled in his vehicle, crashed into another car and attempted to evade arrest. The agency alleged that Sosa-Celis “violently” assaulted an officer and that two other individuals exited a nearby apartment and joined the attack “with a snow shovel and broom handle.”
According to DHS, Sosa-Celis struck the officer with “a shovel or broom stick,” prompting the officer to fire what the agency described as a defensive shot “to defend his life,” striking Sosa-Celis in the leg.
However, an affidavit from FBI Special Agent Timothy Schanz, who investigated the shooting, stated that ICE Enforcement and Removal Operations agents were attempting to stop a different man identified as Joffre Stalin Paucar Barrera — not Sosa-Celis — whom they believed was in the country illegally. According to Schanz, agents later identified the driver DHS agents stopped as a different man, Aljorna.
Schanz wrote that Aljorna struck a light pole and fled on foot toward his apartment building.
Sosa-Celis was allegedly standing on the porch and yelling at Aljorna to run faster, the affidavit says. Aljorna slipped and allegedly “began tussling” with the agent before Sosa-Celis grabbed a broom and began striking the agent, according to the affidavit.
The agent “then saw who he believed was a third Hispanic male approach with a snow shovel, and this male also began striking” him, Schanz said in the affidavit. The third man was identified as Gabriel Alejandro Hernandez-Ledezma by DHS, who accused him of also assaulting the officer.
Sosa-Celis was shot in the leg as he attempted to go inside the apartment, the affidavit says.
Video reviewed by ABC News’ Visual Verification team includes a 911 call from individuals identified as relatives of Sosa-Celis, who said agents fired as he was attempting to close the door.
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