ICE agent trial: Defense wants Hwy 62 'road rage' incident case in federal court
ICE agent charged in Highway 62 gun incident surrenders to Hennepin County
A federal agent is facing serious charges after an incident on a Twin Cities highway, but his attorney says there’s more to the story than what’s in the court documents. Gregory Morgan Jr. 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. FOX 9's Leon Purvis has more.
MINNEAPOLIS (FOX 9) - The defense team for an ICE agent charged with assault in what state prosecutors are calling a "road rage" incident is aiming to have the case tried in federal court instead of Hennepin County.
Attorneys for ICE Agent Gregory Morgan Jr. argue that he was acting in his capacity as a federal agent to de-escalate a confrontation, so the trial should be carried out in federal court.
Prosecutors from the Hennepin County Attorney's Office say there was no immediate threat when Morgan displayed his weapon and that doing so was not connected to his federal duties, so the case should be handled in Hennepin County District Court, where the incident took place.
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ICE agent Gregory Morgan Jr. took the stand as he fights to move two Minnesota felony assault charges from Hennepin County to federal court under Supremacy Clause immunity.
What they're saying:
Morgan's defense team, which includes the Upper Midwest Law Center, a nonprofit conservative law firm, is claiming that the confrontation arose from his federal duties and was connected to his role as an ICE agent. Under that argument, his actions were protected exercises of federal authority.
Briefs filed by the defense put the blame on the other driver, who was in a white Cadillac, swerving in front of and brake-checking Morgan and his partner, who were in a rented black Ford SUV.
Court filings also articulated the underlying tension in the city during Operation Metro Surge, when groups of hostile protesters and observers followed and taunted agents in "chaotic" scenes.
Hennepin County wants case in state court
ICE agent testifies in Hwy. 62 assault case
ICE agent Gregory Morgan Jr. testified Tuesday regarding a February encounter on Highway 62 in Minneapolis, where he is accused of pointing a gun at another driver. Morgan stated he feared an ambush and was making a tactical withdrawal due to the tense atmosphere of Operation Metro Surge, while state prosecutors argue the incident was straightforward road rage. FOX 9 Investigator Paul Blume has more.
The other side:
The Hennepin County Attorney's Office, who brought charges against Morgan, said the decision to brandish a gun during the incident was not tied to his role as a federal agent.
Briefs filed by Hennepin County say Morgan was not being threatened when he made the decision to display his firearm.
Prosecutors also say pointing a gun at motorists does not meet the threshold required for a federal immunity defense, because doing so wasn't required to carry out his appointed duties.
This argument is based on Morgan's acknowledgment that the other driver was not suspected of an immigration violation and that he was not trying to make an arrest, according to court documents.
What's next:
Judge Brasel, who is overseeing the case, has not indicated when she will make a final ruling on if the trial will take place in state or federal court.
What does this mean for other ICE agents charged?
Why you should care:
The judge's decision to have the case play out in state or federal court will likely serve as precedent for any subsequent state charge against ICE agents who were deployed to Minnesota as part of Operation Metro Surge, including the agents who fatally shot Renée Good and Alex Pretti, if they are ever charged.
The Source: This story uses information from briefs filed by the Hennepin County Attorney's Office, Gregory Morgan Jr.'s defense team and previous FOX 9 reporting.