MINNEAPOLIS — Minnesota Attorney General Keith Ellison and Hennepin County Attorney Mary Moriarty announced criminal charges Monday against a second Immigration and Customs Enforcement agent for alleged misconduct during Operation Metro Surge, as the county’s accountability effort expanded to 30 cases and the program’s future emerged as a central issue in the Hennepin County attorney race, according to the Minnesota Spokesman-Recorder.
Prosecutors charged Christian Castro, 52, with four counts of second-degree assault with a dangerous weapon and one count of falsely reporting a crime, the Minnesota Spokesman-Recorder reported.
Castro allegedly claimed he was struck by a shovel before shooting Julio Cesar Sosa-Celis, according to the Minnesota Spokesman-Recorder.
The charges come as Hennepin County’s accountability effort continues to expand, the Minnesota Spokesman-Recorder reported.
In March, the Hennepin County Attorney’s Office launched an online evidence submission portal called the Transparency and Accountability Project, beginning with 17 investigations, according to the Minnesota Spokesman-Recorder.
That number has since grown, as indicated, to 30 cases, the Minnesota Spokesman-Recorder reported.
Officials warned the future of those cases remains uncertain as the office and the attorney general review the workload with help from the Bureau of Criminal Apprehension, according to the Minnesota Spokesman-Recorder.
“This work will not be done by the end of my term,” Moriarty said, as quoted by the Minnesota Spokesman-Recorder.
“That speaks to the critical nature of who the next county attorney will be,” she added, according to the Minnesota Spokesman-Recorder.
With Moriarty’s term ending, the Transparency and Accountability Project has become a flashpoint in the Hennepin County attorney race, the Minnesota Spokesman-Recorder reported.
The Spokesman-Recorder asked five candidates whether they support extending the program, and only three responded: Diane Krenz, Anders Folk and Cedrick Frazier, according to the Minnesota Spokesman-Recorder.
Krenz took issue with Moriarty raising the question at a press conference, calling it inappropriate campaigning, the Minnesota Spokesman-Recorder reported.
“I won’t make a blanket promise to work with the Attorney General because I don’t know their agreement,” Krenz said. “I just need to know more,” as quoted by the Minnesota Spokesman-Recorder.
Folk and Frazier both said they support extending the program, according to the Minnesota Spokesman-Recorder.
Folk pointed to his federal court experience as a key qualification, the Minnesota Spokesman-Recorder reported.
“Because I believe these cases will likely be removed to federal court, based on my decades-long experience litigating in federal court, there is no one in this election more qualified than I am to ensure justice and accountability,” Folk said, as quoted by the Minnesota Spokesman-Recorder.
Moriarty confirmed the defense is expected to seek removal to federal court but said a conviction there would still stand and would be beyond the reach of a presidential pardon, according to the Minnesota Spokesman-Recorder.
Rep. Frazier made prosecuting federal immigration agents a centerpiece of his campaign, the Minnesota Spokesman-Recorder reported.
“From the moment Jonathan Ross shot and killed Renee Good, I have been clear: every federal agent who violated Minnesota law during Operation Metro Surge must be prosecuted,” Frazier said, as quoted by the Minnesota Spokesman-Recorder.
Legal experts described Moriarty’s charges as a potential landmark in the question of whether state courts can hold federal agents accountable, according to the Minnesota Spokesman-Recorder.
“Hennepin County Attorney Mary Moriarty provides a model for what other local prosecutors should be doing around the country to protect their people,” said Craig Futterman, director of the Civil Rights and Police Accountability Project at the University of Chicago, as quoted by the Minnesota Spokesman-Recorder.
Others noted significant obstacles remain, the Minnesota Spokesman-Recorder reported.
“While this may begin a process of limited accountability, the federal agents who killed Alex Pretti and Renee Good are still employed,” said Jessica Pishko, author of The Highest Law in the Land. “This alone is a sign that DHS needs to be abolished,” as quoted by the Minnesota Spokesman-Recorder.
Former DHS Secretary Kristi Noem defended Castro, claiming he was attacked by three individuals with snow shovels and broom handles, according to the Minnesota Spokesman-Recorder.
Acting ICE Director Todd Lyons placed Castro and another agent on administrative leave after video evidence showed they had made untruthful statements, the Minnesota Spokesman-Recorder reported.
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