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Justice Department overrules prosecutor, downgrades charge against ICE agent who shot Minneapolis man

A federal prosecutor said Justice Department leadership overruled his recommendation to bring civil rights charges against an ICE agent who shot a Venezuelan immigrant in Minneapolis and misrepresented what happened. The prosecutor was fired after his objection became public.

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By PressTemps NewsroomPublished Yesterday, 17:24 ET · 6 min read
Justice Department overrules prosecutor, downgrades charge against ICE agent who shot Minneapolis man
The Robert F. Kennedy Department of Justice Building in Washington, D.C. — headquarters of the department whose leadership overruled a Minnesota prosecutor's recommended civil rights charge against an ICE agent. Photo: APK / Wikimedia Commons, CC BY 4.0
What to know
ICE agent Christian Castro was indicted on six counts of making false statements, not the civil rights charge federal prosecutors had originally prepared
Assistant U.S. Attorney Matthew Evans said Main Justice and U.S. Attorney Daniel Rosen overruled his recommendation to charge deprivation of rights under color of law
Evans was fired after his internal email describing the overrule was reported by ProPublica and is now separately under Justice Department investigation
Hennepin County has independently charged Castro with four felony assault counts, and the shooting was one of three by immigration agents in Minneapolis within about a week

When a federal grand jury indicted Immigration and Customs Enforcement agent Christian Castro this week, the charge was not the one his own case prosecutor had spent months preparing to bring. Instead of a civil rights offense carrying the possibility of a lengthy prison term, Castro was charged with six counts of making false statements to the FBI — a lying-to-investigators offense that, whatever its merits, is a different order of accusation than shooting a man through a closed door and then misrepresenting how it happened. The gap between those two charges, and who closed it, is the story that matters here, and it says something uncomfortable about how this Justice Department treats its own front-line lawyers when their conclusions become politically inconvenient.

The bare facts are not in dispute. On January 14, during Operation Metro Surge, the administration's immigration enforcement blitz in Minnesota, Castro fired his weapon through the front door of a Minneapolis home, striking Julio Cesar Sosa-Celis in the leg. Castro told federal investigators he had been attacked with a broom handle and a snow shovel and had fired in self-defense from the ground. Surveillance video later contradicted that account, and prosecutors dropped the assault charges they had initially filed against Sosa-Celis and a second man. Then-acting ICE director Todd Lyons acknowledged as much at the time, saying "video evidence has revealed the sworn testimony of the two agents appeared to be false."

The numbers

What followed is where the numbers tell the real story. Federal prosecutors in Minnesota had been preparing to charge Castro with deprivation of rights under color of law — the same statute used against the Minneapolis police officers convicted in the killing of George Floyd, and one that, as the Justice Department's own record on that 2021 sentencing shows, can carry decades in prison. Instead, according to reporting by ProPublica, which obtained an internal email from the case, Main Justice in Washington and U.S. Attorney Daniel Rosen directed that Castro face only the false-statements charge, which carries a maximum of five years and, unlike a civil rights conviction, would not brand the shooting itself as unlawful. Castro's indictment was returned under seal, he turned himself in and pleaded not guilty, and a federal judge released him on a $75,000 unsecured bond with GPS monitoring — a comparatively modest set of conditions for a case that began with a bullet fired into an occupied home containing, according to one witness, two children.

Separately, Hennepin County has already brought its own case. County Attorney Mary Moriarty's office charged Castro in May with four felony counts of second-degree assault and a misdemeanor count of falsely reporting a crime, and Minnesota Attorney General Keith Ellison's office echoed the point that state law still applies to federal officers, declaring flatly that "nobody is above the law, including ICE agents," in a statement backing the local prosecution. Castro spent 90 days in a Texas jail while Minnesota sought his extradition on those state charges, a request Governor Greg Abbott declined to honor before Castro's release last week.

A pattern, not an isolated incident

The Sosa-Celis shooting was not a one-off. It was one of three shootings by immigration agents in Minneapolis within roughly a week during Operation Metro Surge, and it followed by seven days the fatal shooting of Renee Good, who was killed in her car by ICE agent Jonathan Ross after agents claimed she had driven toward them — a claim video appeared to undercut by showing her wheels turned away. Moriarty has pointed to that earlier case as the template: federal authorities first agreed to a joint investigation into Good's death, then Justice Department officials pulled out, deeming further review unnecessary. Seen together, the two episodes describe an enforcement surge that generated multiple use-of-force incidents in a single city in a single month, followed in each instance by a federal retreat from the toughest available accountability tool.

That retreat has a human cost beyond the legal technicalities. Sosa-Celis was shot in his own home. His neighbors, and immigrant communities across a city that has already lived through the scrutiny that followed George Floyd's killing, are watching whether the same standard applies when the person pulling the trigger works for the federal government rather than a local police department. The Justice Department's civil rights division, which would normally lead a deprivation-of-rights case, has been thinned under the current administration and has curtailed the kind of law enforcement oversight it pursued under the prior one — context that makes the decision to downgrade this particular charge look less like an isolated judgment call and more like a pattern.

Reaction, and the cost of saying so

The prosecutor who objected loudest paid for it. Assistant U.S. Attorney Matthew Evans, who had led the Minnesota investigation, wrote to lawyers for Sosa-Celis and the other men involved to warn them that the civil rights charge was being shelved.

"This is being directed by the Main Justice and the US Attorney. I objected in the strongest possible terms and fought it as hard as I could. It wasn't enough."

Evans was fired after that email surfaced in ProPublica's reporting; CBS News reported that four sources confirmed his dismissal and that he is now separately under Justice Department investigation, with two sources saying the inquiry concerns allegations that he leaked information. The department, for its part, has defended the process rather than the outcome, telling reporters that civil rights charges require consultation with Washington and that "any charging decisions that come out of such investigations are collaborative and deliberative and adhere to the facts and law of that specific case and controversy." Evans and a spokesperson for the Minnesota U.S. Attorney's office both declined further comment, and Castro could not be reached.

What happens next

Two tracks now run in parallel. Castro's federal case proceeds on the false-statements charge alone, with pretrial conditions that keep him free but monitored while the state's more serious assault case continues under Moriarty's office in Hennepin County — meaning the more consequential legal exposure Castro faces may end up coming from Minnesota, not Washington. Evans, meanwhile, faces his own Justice Department inquiry even as the substance of what he disclosed goes unrebutted by the department that fired him. Congressional oversight of the episode has so far been muted, and nothing in the public record suggests the civil rights charge will be revived. For a case that began with a shooting the government's own agency later admitted it had misrepresented, the outcome so far is a reminder that in enforcement of the law against those who enforce it, the decision of what to charge — and who gets to make that decision — can matter as much as what actually happened.

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