ICE agents face potential charges for lying under oath in migrant shooting
U.S. Immigration and Customs Enforcement announced it opened an internal investigation into two agents who shot a Venezuelan man in Minnesota last month, The Associated Press reported.
ICE acting director Todd Lyons said that his agency opened the investigation after video evidence indicated “sworn testimony provided by two separate officers appears to have made untruthful statements” regarding the shooting.
Lyons said that “lying under oath is a serious federal offense” and said he placed the two agents on administrative leave pending the completion of the investigation. He said the agents could face termination and potential criminal charges.
“The men and women of ICE are entrusted with upholding the rule of law and are held to the highest standards of professionalism, integrity, and ethical conduct,” Lyons said, the AP reported. “Violations of this sacred sworn oath will not be tolerated. ICE remains fully committed to transparency, accountability, and the fair enforcement of our nation’s immigration laws.”
On the same day, a federal judge announced he had dismissed the felony assault charges against the two Venezuelan men who were involved in the shooting, including the man agents shot.
U.S. Attorney for the District of Minnesota Daniel N. Rosen said that “newly discovered evidence” against the two men “is materially inconsistent with the allegations” the agents made against the two Venezuelan men last month. Rosen dismissed the cases with prejudice, which means prosecutors cannot resubmit these charges.
“The charges against them were based on lies by an ICE agent who recklessly shot into their home through a closed door,” defense attorney Brian D. Clark said. “They are so happy justice is being served.”
What was the new evidence in the case?
Rosen did not state what the new video evidence was in his motion to drop the charges. However, the AP reports that officials began to see issues with the agents’ report during a court hearing in late January.
During the hearing, the ICE agents’ account of what happened before the shooting was significantly different from what the defendants and three eyewitnesses said. The officer’s account was that the two men assaulted him with a broom and a snow shovel, which wasn’t supported by video evidence or eyewitness accounts.
Attorneys representing the two Venezuelan men said they were holding a broom and shovel, and one man did throw the broom at the agents but was running away from the agent when he fired.
Their attorneys said both men did have criminal records and were working as DoorDash drivers at night to avoid federal authorities.
Agents arrested a third man from Venezuela during the incident. The man’s attorney said they arrested him only to prevent him from providing an additional eyewitness account.
Initial response to the shooting
Department of Homeland Security Secretary Kristi Noem initially said that the two Venezuelan men tried to murder the two agents and they had shot in self-defense. She also accused Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey, both Democrats, of “encouraging impeding and assault against our law enforcement.”
“What we saw last night in Minneapolis was an attempted murder of federal law enforcement,” Noem wrote in a statement. “Our officer was ambushed and attacked by three individuals who beat him with snow shovels and the handles of brooms. Fearing for his life, the officer fired a defensive shot.”
DHS officials have not issued a statement following Lyons’s announcement of the investigation.
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