MINNEAPOLIS — A federal judge heard hours of testimony Friday on whether the ICE agent assault case belongs in state or federal court, a dispute that turns on whether the agent’s actions fell within his federal duties or amounted to a road-rage episode.
ICE agent Gregory Morgan Jr. argues the prosecution should move to federal court because he was enforcing federal law at the time. State prosecutors counter that the February highway confrontation resembled a private altercation unrelated to immigration enforcement.
U.S. District Judge Nancy Brasel presided over the evidentiary hearing for more than three hours and set it to continue on Oct. 13, when Morgan is expected to testify.
ICE agent assault case centers on freeway encounter
Morgan faces two counts of second-degree assault stemming from a Feb. 5 incident during Operation Metro Surge. According to the state, he drove an unmarked SUV on the shoulder of a Minneapolis freeway during rush hour to bypass traffic.
Prosecutors say that when a car repeatedly moved onto the shoulder to impede him, Morgan pulled alongside and displayed his service pistol at the occupants, who did not know he was a federal agent.
The occupants were scheduled to testify Friday, but Judge Brasel dismissed them after their attorney said they would invoke their Fifth Amendment right against self-incrimination. State prosecutors had sought federal immunity for the pair to secure their testimony, but those efforts failed.
Brasel directed all parties to refer to the civilians by initials to protect them from harassment, a step that drew objection from Morgan’s attorney, Ryan Pacyga, who argued that witness names should be public in keeping with courtroom transparency.
Morgan’s defense frames his response as that of a federal officer reacting to a targeted vehicular threat. State officials questioned how displaying a weapon while driving on the shoulder, which they say was illegal, related to any official enforcement activity.
Testimony from ICE partner and training officer
Myles Codner, an ICE agent who was partnered with Morgan during the surge, testified that after a day of surveillance and assisting other officers, including one surrounded by protesters, they were ordered to return to their base near the airport.
On the drive back, Codner said a white Cadillac with two occupants repeatedly swerved onto the shoulder where Morgan was traveling and brake-checked their SUV, at times coming within about five feet of the bumper. Referencing Minnesota Department of Transportation traffic footage, he said he feared for the safety of those in their vehicle and other motorists.
Codner testified that Morgan pulled alongside the Cadillac, held his service weapon in a visible low-ready position, and shouted, “Police, back off,” to stabilize what he viewed as a dangerous situation consistent with training.
As Pacyga asked Codner about the perceived threat and the effect of drawing the firearm, Judge Brasel cautioned the defense against leading questions, noting it could affect her assessment of the witness’s credibility.
Under cross-examination, Minnesota attorney James Pearce pressed Codner on the limits of ICE jurisdiction on state highways, pointing out that immigration officers cannot enforce traffic laws. Codner acknowledged that instructions to return to base “quickly and safely” did not authorize speeding or shoulder driving. He also conceded that neither agent had reason to believe the Cadillac’s occupants were unlawfully present in the United States, and that their own shoulder driving may have triggered the confrontation.
ICE training officer John Parodi testified briefly about use-of-force principles and threat assessment, stating that under ICE policy, displaying or pointing a weapon, by itself, is not considered a use of force.
Jurisdiction fight could set a precedent
The federal government, while not a party to the case, filed a statement of interest in July asserting that Morgan has made a sufficient showing that he is being prosecuted for actions taken within the scope of his federal duties.
The outcome could shape how courts handle state prosecutions of federal agents, a largely untested area that Minnesota is advancing. In a separate matter, the state has also charged ICE agent Christian Castro with second-degree assault and with falsely reporting a crime in connection with the January shooting of Julio Sosa-Celis.