ICE agent’s legal fate now rests with judge after emotional testimony in assault case
ICE agent breaks down during court testimony
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.
ST. PAUL, Minn. (FOX 9) - The decision on whether ICE Agent Gregory Morgan Jr. will face trial in Hennepin County or federal court now rests in the hands of U.S. District Judge Nancy Brasel, following the conclusion of a dramatic, two-day evidentiary hearing.
ICE agent in court
What we know:
Morgan is fighting to have two state felony assault charges transferred to the federal system under Supremacy Clause immunity. State prosecutors allege Morgan engaged in an act of road rage when he pointed a handgun at two motorists during afternoon rush on the Crosstown Interchange last February.
Morgan’s defense argues he was acting under official federal authority during a chaotic deployment and that drawing his weapon was a justified, tactical decision to protect himself and his partner.
An Emotional Breakdown on the Stand
Local perspective:
Taking the witness stand Tuesday afternoon, Morgan broke down in tears while describing the personal toll of his deployment to Minnesota for Operation Metro Surge. The single father testified that he had to pull his 10-year-old daughter out of school due to doxxing.
Morgan told the court he never wanted to come to Minnesota but was forced to follow orders, describing an environment so hostile it felt "almost like a riot". Operating in unequipped rental vehicles, Morgan testified he was confronted by angry crowds, hit with rocks, and called racial slurs for the first time in his life.
"Whole time I was here, I feared for my safety," Morgan explained on the witness stand during several hours of testimony.
Addressing the February highway encounter, Morgan testified that he believed he was being ambushed after the motorist's heavily tinted Cadillac cut off his unmarked SUV and brake-checked him as he and his partner were fleeing a Twin Cities neighborhood that had turned chaotic during immigration enforcement operations.
He insisted he never pointed his service weapon directly at the driver, testifying his arm was bent mid-chest with the pistol pointed downward for five to six seconds in a "defensive posture."
"I didn't want to get boxed in," Morgan testified, noting he shouted "police, back off" to stop the erratic driving. "I am not a murderer. I did my job… professionally, didn't harm anyone."
During cross-examination, state prosecutors walked Morgan frame-by-frame through traffic camera footage, highlighting that he never called for backup, did not get a license plate number, and had no idea who was inside the tinted Cadillac.
Federal Restrictions Frustrate the Court
Big picture view:
The court also heard testimony from ICE Use of Force training expert John Parodi, who told the judge that merely pointing a firearm is considered "officer presence" rather than a use of force under ICE policy.
Parodi's time on the stand was marked by friction, as what’s known as federal Touhy regulations limited what he could publicly disclose about confidential agency training. Judge Brasel expressed frustration with the parameters, stating that Parodi was "all over the place" with his answers.
"I am not certain at all this is being applied faithfully," Brasel told a Department of Justice attorney, briefly considering dumping the witness's testimony altogether before allowing cross-examination to finish.
Victims Invoke the Fifth Amendment
Dig deeper:
In a significant development earlier in the hearing, the two motorists involved in the highway incident were excused from testifying after invoking their Fifth Amendment rights.
The victims' attorney told the court the pair feared potential federal prosecution after the Department of Justice suggested their driving behavior was criminal.
They also expressed concerns about facing online harassment and doxxing if their names were made public.
Judge Brasel ultimately granted the blanket Fifth Amendment request and excluded their testimony, ordering that they only be referred to by their initials in court transcripts.
Judge decision weeks away
What's next:
Following the conclusion of testimony, the court established a strict timeline for the final phase of the jurisdictional battle.
Post-hearing briefs from both the defense and state prosecutors are due in several weeks.
Once all documents are submitted and reviewed, Judge Brasel will issue her written ruling determining whether the assault charges will be moved to federal court or remain in Hennepin Co. District Court.