Man shot in leg by ICE in Minneapolis did not attack officer, women say in court documents
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Two women who were in the north Minneapolis home where a man was shot and wounded by an ICE agent last week are sharing what they witnessed that night — and it’s different from the initial reports provided by federal authorities.
Indriany Syrisnoy Mendoza-Camacho is married to Julio Sosa-Celis, the man who was wounded on Jan. 14. Valentina De Los Angeles Tiapa Moreno is the partner of Alfredo Aljorna, the man who reportedly was being chased by the federal agent before the shooting.
The women were both detained that night, and according to attorney Brian Clark, were flown out of state. He has prepared habeas corpus petitions in order to get them released and returned to Minnesota.
In an account posted to social media on the night of the shooting, the Department of Homeland Security said that the shooting happened after a vehicle and foot pursuit. DHS alleged that the agent caught up to the man being sought, but then was attacked by two other men wielding a snow shovel and a broom handle — and that during the struggle, the agent shot and wounded “the initial subject” — the man who reportedly led agents on the chase. DHS said the man was wounded, and then ran inside an apartment.
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But in the petitions, the two women tell a different story. They say Aljorna was the one being chased, but Sosa-Celis was the one who was shot in the leg. They dispute that either man wielded a weapon, and say Sosa-Celis was shot through the door of the apartment as he tried to run away.
An FBI agent’s affidavit filed in federal court, as part of the criminal case filed against Aljorna and Sosa-Celis, also differs from parts of the initial DHS account.
Two women’s accounts
According to their petitions, the two women saw the struggle in the front yard between Aljorna and the immigration enforcement officer. They say the officer was punching Aljorna and trying to choke him. Sosa-Celis helped pull Aljorna away from the officer.
“Seeing Alfredo in danger, Julio intervened and attempted to separate Alfredo from the man beating him and choking him — pulling on Alfredo towards the house to get him away from his attacker,” reads one of the petitions. “At no time did either Alfredo or Julio use or threaten to use a weapon, nor wield any object that could be deployed as a weapon, against the man assaulting Alfredo.”
They say Sosa-Celis helped pry Aljorna away from the officer, and they ran into the house. That’s when they say the officer fired a shot through the door that hit Sosa-Celis in the leg. The women say a young child was also in the room, but was not hit.
The four adults and two children ran upstairs. They say more agents arrived and fired tear gas into the house.
“Valentina and the other occupants of the home begged the agents not to kill them and said they would surrender,” reads one of the petitions. “Still, when the agents entered the room, they trained their guns on Indriany, who was holding her child, and the others.”
Agents detained them all, including the children ages 3 and 1.
“Indriany and Valentina believe it is important to tell what really happened to their families on January 14,” said Clark. “What happened to them, their partners and their young children is unacceptable in the United States. Their detention by ICE is unconstitutional. They should be returned from Texas to Minnesota immediately. And reunited with their partners and children.”
FBI affidavit
The FBI affidavit filed in federal court also says Sosa-Celis was not the subject of the pursuit, though it mirrors other parts of the initial DHS account.
The agent who shot Sosa-Celis told investigators that as he struggled with Aljorna in the dark yard following the pursuit, he saw Sosa-Celis grab a broom and start hitting the agent with it. The agent also said someone started hitting him with a snow shovel, and he was injured.
The agent said he fired a shot “towards the vicinity of the assailants” as they ran toward the apartment door.
FBI investigators later found a broom and snow shovel “strewn about the area.” The affidavit says that surveillance video captured parts of the incident, showing an altercation involving three people.
The affidavit says FBI and state investigators interviewed Aljorna and Sosa-Celis. Sosa-Celis reportedly said he had a snow shovel in his hands as he saw Aljorna and the ICE agent running toward the home, “but claims he never used it.” He also told investigators that he saw Aljorna with a broom in his hand, possibly striking the agent — but Sosa-Celis said he pulled Aljorna away and they ran into the apartment. Sosa-Celis told investigators he was shot in the leg after they closed and locked the door.
Aljorna told investigators that he threw a broom at the ICE agent after breaking away from the struggle, and also said Sosa-Celis as shot through the door.
The affidavit says investigators “were unable to locate any shell casing or bullet impact” with the home.
BCA says feds not cooperating in state probe
Investigators with the Minnesota Bureau of Criminal Apprehension, however, were able to recover a shell casing and bullet at the scene the morning after the shooting, according to a statement from the agency Thursday.
In the statement, the BCA also made it clear the federal government was impeding its investigation.
“BCA agents have not been permitted to speak with the federal officer involved in this incident and have not been provided with information, including the officer’s identity or whether the officer was wearing a body camera,” the agency said. “The FBI has communicated that they do not intend to share any results of their initial investigation with BCA agents.”
The BCA asked for anyone who captured video of the incident or has other firsthand accounts to send it to bca.tips@state.mn.us.
“The BCA investigation will continue to the fullest extent possible while meeting the investigative standards required by Minnesota law,” the agency’s statement said, adding that it would present its findings to the Hennepin County Attorney’s Office for review once the investigation is complete.
The BCA has previously acknowledged that the FBI has shut them out of the investigation into the fatal shooting of Renee Macklin Good by an ICE agent in Minneapolis despite an early agreement with the FBI to work jointly on that probe.
