ICE officer charged with assault for February incident in MN
MINNEAPOLIS (FOX 9) - Hennepin County prosecutors are charging an ICE officer with two counts of assault for allegedly pulling a gun on two people during a traffic dispute along Highway 62.
ICE officer facing charges
What we know:
According to charges filed Thursday morning, Gregory Donnell Morgan Jr of Temple Hills, Maryland is charged with two counts of assault in the second degree.'
The incident allegedly happened back on Feb. 5 during rush hour.
The backstory:
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. Morgan then pulled into the normal traffic lane and sped up alongside the victim's vehicle and slowed his vehicle to match the pace of 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.
Can the ICE officer be charged?
What they're saying:
Troopers interviewed Morgan and his partner the day after the incident. Morgan admitted to being involved in the incident and pulling his gun on the people in the other vehicle. Morgan said he and his partner had been on their way back to the Whipple federal building at the end of their shift when the altercation occurred.
Dig deeper:
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.
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."