Highway 62 ICE agent gun incident: Victims to plead Fifth unless granted federal immunity
ICE agent turns himself in after Highway 62 gun-pointing incident
ICE agent Gregory Morgan turned himself into the Hennepin County Jail on Thursday. Morgan is charged with assault in connection with a Highway 62 gun-pointing incident. His attorney, Ryan Pacyga, says we've only heard one side of the story.
MINNEAPOLIS (FOX 9) - New details are emerging about a confrontation on Highway 62 involving an Immigration and Customs Enforcement (ICE) agent and another driver, as the victims stating they will invoke their Fifth Amendment rights unless they receive immunity.
Victims’ attorney says clients will plead the Fifth unless granted immunity
What we know:
The attorney for the victims says his clients will exercise their Fifth Amendment right to remain silent at an upcoming hearing. He says they will not speak unless they are given federal immunity.
The attorney also claims the Department of Justice (DOJ) publicly accused the victims of assaulting the ICE officer with a car in an attempt to intimidate them. He argues that the DOJ’s statements violate legal ethics rules.
The ICE agent involved, Gregory Morgan Jr, faces two counts of assault for the February incident. He is the first ICE officer to be charged with a crime related to actions during Operation Metro Surge in Minnesota.
The DOJ says intimidation claims are baseless
The other side:
In response to the intimidation claims, the Department of Justice says those accusations are baseless and that it was simply laying out the facts.
The DOJ says that the victims have the right to invoke their Fifth Amendment right, but said that invocation should not be justified by "incendiary accusations of intimidation that have no basis in law or fact."
What we don't know:
It is not yet clear whether the victims will be granted federal immunity or how the court will respond to the legal arguments from both sides.
The backstory:
Morgan surrendered to Hennepin County authorities more than three months after the Feb. 5 encounter on Highway 62, and more than a month after he was charged. Morgan, who is from Maryland, faces two felony counts of second-degree assault with a dangerous weapon.
Prosecutors say Morgan was driving a black Ford Expedition on Highway 62 when he used the right shoulder to bypass traffic. According to court documents, another driver partially moved onto the shoulder to block Morgan’s SUV from passing. Investigators say Morgan then pulled alongside the vehicle, rolled down his window and pointed a handgun at the driver and passenger of the other vehicle.
The incident happened during Operation Metro Surge, a time when thousands of federal agents were in the Twin Cities for a large-scale immigration enforcement effort.
The Source: Information from the victims’ attorney and the Department of Justice.