MINNEAPOLIS (AP) — Federal prosecutors in Minneapolis have moved to drop felony assault charges against two Venezuelan men, including one who was shot in the leg by an immigration officer, after new evidence emerged that contradicts the government’s original account.


The U.S. Attorney’s Office for the District of Minnesota, in a motion filed Thursday, indicated that newly discovered evidence in the case against Alfredo Alejandro Aljorna and Julio Cesar Sosa-Celis is materially inconsistent with the allegations against them made in prior criminal complaints. They requested dismissal with prejudice, meaning the charges cannot be refiled.


This dismissal arrives amid several recent incidents involving federal immigration agents where claims of justification for the use of deadly force are being questioned due to eyewitness accounts and video evidence.


The incident in question took place on January 14, when U.S. Immigration and Customs Enforcement (ICE) officers attempted to conduct a traffic stop on a vehicle driven by Aljorna. Allegedly, he crashed and fled, leading to a confrontation where he supposedly struggled violently against an arrest attempt.


According to the ICE officer, as the confrontation escalated, Sosa-Celis reportedly attacked the officer with a snow shovel and broom handle. The officer then fired his weapon, striking Sosa-Celis in the thigh. Witness testimonies, however, have since raised doubts about this account.


In court hearings, discrepancies between the ICE officer’s statements and those of the defendants, supported by additional witnesses, led to questions about the circumstances surrounding the shooting. Neither video footage nor testimony from neighbors supported the officer's claims of being attacked with tools. The defendants denied any violent actions, stating they were fleeing the scene.


Both men, who lacked violent criminal histories and were employed as DoorDash delivery drivers, reportedly barricaded themselves with family members in a nearby home after the incident. When federal officers attempted entry using tear gas, the family ultimately surrendered due to concerns for young children present.


The case raises broader implications regarding federal immigration enforcement and the treatment of individuals under investigation, especially in light of the ongoing tensions between federal law enforcement and communities facing immigration crackdowns.