Hennepin County authorities on Thursday charged an Immigration and Customs Enforcement agent with felony assault in connection with a Feb. 5 road rage incident along Highway 62.
Prosecutors allege that Agent Gregory Donnell Morgan Jr. pointed a handgun at two people in another vehicle after its driver briefly pulled onto the shoulder in an attempt to prevent Morgan from speeding past slow traffic.
At a news conference, Hennepin County Attorney Mary Moriarty said that after the victims had returned to the legal traffic lane, Morgan, 35, pulled up to them on the shoulder, lowered his window, and aimed his service weapon into their vehicle.
“Mr. Morgan's conduct was extremely dangerous,” Moriarty said. “Driving while pointing a weapon out of your moving vehicle at the victims who were in another moving vehicle could have led to yet another disastrous incident in a community that has already suffered too many.”
Moriarty said that the SUV that Morgan was driving had been rented by ICE, but bore no markings to indicate that it was a law enforcement vehicle. She added that the alleged victims were on their way to go shopping and were not taking part in efforts to track and protest against ICE agents who were part of the Trump Administration’s wintertime immigration enforcement effort dubbed “Operation Metro Surge.”
Moriarty said that her office was able to file charges in the case because ICE cooperated with the investigation and the State Patrol interviewed Morgan after tracking his rental vehicle to the Whipple Federal Building.
“During the interview, Mr. Morgan admitted that he was driving the rented SUV and he and his partner were headed to the Whipple Building to end their shift,” Moriarty said. “Additionally he admitted that he drew his firearm after the victims’ vehicle had already rejoined the normal flow of traffic, corroborating details from interviews with the victim.”
The criminal complaint charges Morgan, of Temple Hills, Md., with two counts of second degree assault with a weapon. Moriarty said that the charge carries a presumptive prison sentence of three years. A Hennepin County judge has issued a nationwide warrant for his arrest.
Immediately after Moriarty’s Thursday morning news conference, MPR News contacted ICE and the Department of Homeland Security to request comment on the charges.
Because Morgan is a federal agent, Moriarty said that he could petition a federal court to take the case, but it would still be adjudicated under state law. If Morgan is convicted, he would not be eligible for a presidential pardon.
Moriarty said that her staff is continuing to investigate 17 other use-of-force incidents involving ICE and Border Patrol agents. That includes the killings of protesters Renee Good and Alex Pretti and a shooting that left Julio Sosa-Celis, a Venezuelan man, with a leg wound.
She noted that her team was able to file charges against Morgan because the case “followed the typical investigation and submission process.”
“I know the community is following the decision of this office very closely, and I want to be transparent on why these situations are developing at different speeds.”
In March, Moriarty and Minnesota Attorney General Keith Ellison sued the Department of Homeland Security in an effort to retrieve evidence from the January shootings. The state alleges federal agents have repeatedly declined to share investigative materials and ignored their requests.
On Monday, Ramsey County Attorney John Choi announced that his team and the Ramsey County Sheriff’s Office are investigating the ICE arrest of a Hmong-American U.S. citizen as a possible burglary and kidnapping.
