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Video shows incident that led to ICE agent being charged
Traffic cameras captured footage of an incident on a Minnesota highway that led to an ICE agent being charged with assault.
MINNEAPOLIS (FOX 9) - The defense attorney for an ICE agent charged with assault for an alleged Minneapolis gun-pointing incident that happened in February says his client did not initiate the encounter and that the agent was reacting to a "perceived danger."
Gregory Donnell Morgan Jr., 35, of Temple Hills, Maryland, is charged with two counts of second-degree assault.
READ MORE: ICE agent drives on shoulder, points gun at another driver on highway: Video
ICE agent defense attorney responds to assault charges
What they're saying:
The full statement from Morgan's defense counsel can be read below:
"The allegations against Gregory Morgan arise from a brief, frightening, and highly stressful roadway encounter that happened in a matter of seconds during congested rush-hour traffic. An encounter that Mr. Morgan did NOT initiate. It came on the heels of many days of fear that both citizens as well as law enforcement were experiencing during operations in our Twin Cities metro area.
"At this stage, the public has heard only the prosecution’s version of events through a charging document. As with any criminal case, that document reflects allegations — not proven facts — and it is important that the public reserve judgment until all evidence, context, and testimony are presented in court. In fact, we have already identified inaccurate and incomplete information in the Complaint.
"Mr. Morgan has dedicated his professional life to public service and law enforcement. This case should not be reduced to inflammatory assumptions or broad attacks on law enforcement professionals who are often required to make rapid decisions in tense and uncertain situations.
"Importantly, this incident did not arise from any planned criminal conduct. It developed suddenly during an alarming traffic interaction, initiated by the other driver. Law enforcement had been enduring threats to their safety by some members of the community, in neighborhoods and on the roads. This situation presented a perceived danger and Mr. Morgan reacted in real time. These are precisely the kinds of situations where perspective, perception, stress, and split-second decision-making matter.
"We recognize that any allegation involving a firearm understandably causes concern within the community. At the same time, public discussion should remain measured, responsible, and grounded in the principle that every person is entitled to fairness and due process, including the presumption of innocence. We all know from experience that there is more to the story than just the "first" story.
"We ask the public and media to avoid rushing to conclusions before all facts are known. The defense looks forward to presenting the full context of this incident through the judicial process rather than through speculation, outrage, or incomplete narratives."
Ryan Pacyga, Counsel for Gregory Morgan
READ MORE: ICE officer charged with assault for February incident in MN
The other side:
Under the Supremacy clause in the Constitution, federal officers are afforded protection from state charges for acts committed while in the course of their duties.
In order to move forward with a case, local prosecutors have to show that either the agents were acting outside their official duties or the actions were unnecessary and improper.
Hennepin County Attorney Moriarty believes that the officer would have a difficult time arguing his actions were performed within the course of his duties.
"Our opinion is that illegally driving on a shoulder, pulling up to a car and pointing a gun at the heads of two community members who are not doing anything at the time, is well beyond the scope of their authority as federal agents," said Moriarty. "So they may say that, but we will litigate that in court. And there is no such thing as absolute immunity for federal agents who violate the law in the State of Minnesota or any other state."
Attorney General Keith Ellison also weighed in, saying:
"No one is above the law and no one is beneath it — including federal agents. The charges County Attorney Moriarty has brought today are an affirmation of this core principle of our justice system. When federal agents come to Minnesota, break the law, and harm the people of our state, they must be held accountable. Failure to do so would give the Trump administration free rein to repeat the lawlessness, cruelty, and violence we saw during Metro Surge in other states around the country. I applaud County Attorney Moriarty for the work she is doing to uphold the rule of law and stand up for Minnesotans."
What's next:
Minnesota online court records do not have a court appearance listed, but FOX 9 has determined that Morgan's first appearance is expected on Friday afternoon.
February ICE agent gun-pointing incident
Dig deeper:
The incident happened on Feb. 5 during rush hour traffic, and in the middle of Operation Metro Surge, the biggest immigration crackdown in U.S. history.
According to the criminal complaint, Morgan was in a Ford Expedition driving illegally along the shoulder of Highway 62 near the Portland Avenue exit. The victim briefly moved onto the shoulder to block Morgan.
Hennepin County Attorney Mary Moriarty says Morgan was driving a rented vehicle that had no markings indicating it was an ICE vehicle. The victim then pulled back into the normal traffic lane and said Morgan sped up alongside the victim's vehicle.
Once alongside the victim's vehicle, prosecutors say Morgan pulled out his service weapon and pointed his at both of the victims.
The Source: This story uses information shared by the defense attorney for the ICE agent accused of pointing a gun at a Minnesota motorist and previous FOX 9 reporting.