ICE Agent Charged with Assault in Minnesota Road Rage Incident

ICE Agent Accused of Pointing Gun at Drivers

An Immigration and Customs Enforcement (ICE) agent has been charged with two counts of second-degree assault in Minnesota. Gregory Donnell Morgan is accused of pointing his service weapon at two people during a road rage incident on February 5. A warrant has been issued for his arrest nationwide.

Incident Details Emerge

The charges stem from an incident where Morgan, driving a rented, unmarked SUV, was allegedly using the shoulder of Highway 62 to bypass traffic. The victims, in their vehicle, briefly moved into the shoulder to slow him down.

After they returned to the legal lane, Morgan sped up to pull alongside them. He then slowed his vehicle, rolled down his window, and pointed his duty weapon directly at the driver and passenger.

“Mr. Morgan then visibly slowed his vehicle to match the pace of the victim’s vehicle, opened his window, and pointed his duty weapon directly at both victims in the other vehicle while continuing to drive illegally on the shoulder.”

The victims felt threatened and called 911. The passenger also recorded the SUV.

State Patrol investigators interviewed Morgan and his partner the following day. Morgan admitted to driving the SUV and drawing his firearm after the victims’ vehicle had rejoined traffic.

Charges and Potential Penalties

Hennepin County Attorney Mary Moriarty announced the charges, stating that Morgan faces two counts of second-degree assault, one for each victim. This charge involves the threat of a dangerous weapon.

A conviction for second-degree assault with a gun carries a presumptive sentence of 36 months in prison. Moriarty emphasized the danger of Morgan’s actions, noting that such behavior could have led to further tragedy in a community already dealing with difficult events.

Transparency and Accountability

Moriarty addressed the timeline of the charging decision, explaining that this case followed a typical investigation and submission process. Unlike other recent cases involving shootings and killings, evidence collection for this incident was more straightforward.

She thanked the Minnesota State Patrol for their thorough investigation and prompt submission of the case. Moriarty also reaffirmed her office’s commitment to seeking accountability for harms inflicted on the community, particularly in relation to “Operation Metro Surge” and the conduct of federal agents.

Federal Immunity and Supremacy Clause

When questioned about potential federal blowback or concerns regarding federal immunity, Moriarty stated her office’s role is to hold individuals accountable if they violate state laws. She dismissed the idea of absolute immunity for federal agents, asserting that the Trump administration’s claims on this matter are incorrect. While a federal agent can request a case be moved from state to federal court, the burden is on the agent to prove their actions were within the scope of their authority.

Moriarty firmly believes that illegally driving on a shoulder and pointing a gun at civilians is far beyond the scope of any federal agent’s authority. Her office intends to litigate any such claims in court, asserting that there is no absolute immunity for federal agents who break the law.

Investigation and Next Steps

The investigation involved a voluntary interview with Morgan and his partner, as well as highway camera footage. Morgan’s partner was also in the vehicle during the incident. Moriarty confirmed that there has been no communication between her office and Morgan or his representatives since the charges were filed.

The nationwide arrest warrant means Morgan can be arrested anywhere in the country if encountered by law enforcement. The office hopes he will turn himself in but expects law enforcement and ICE to make arrangements for his surrender if he does not.

Broader Context of Federal Agent Conduct

This case marks the first federal agent charged in connection with “Operation Metro Surge.” Moriarty noted that while federal agents have been charged in the past for offenses unrelated to their duties, this case is believed to be the first of its kind nationally where charges are directly linked to alleged on-duty conduct. The county attorney’s office is also working on its Transparency and Accountability Project (TAP), investigating 17 cases related to federal agent conduct, though federal obstruction has complicated information gathering in those instances. In this specific case, the State Patrol’s cooperation was crucial for obtaining the necessary information and statements to proceed with charges.

Victims’ Actions and Morgan’s Statement

Regarding the victims’ actions of briefly pulling onto the shoulder, Moriarty stated it was not a concern for their defense. She described it as a common reaction to illegal driving and an attempt to signal that the behavior was wrong. However, the victims had returned to the legal lane before Morgan pulled alongside them and pointed the gun.

Morgan’s statement to police indicated he yelled “police,” but the victims’ windows were up, and they only saw the gun. They had no idea he was a federal agent until informed by a state trooper.

Future Proceedings

The charges against Morgan will proceed, with the county attorney’s office prepared to prosecute the case whether it remains in state court or is moved to federal court. The focus remains on holding the agent accountable for his alleged actions on February 5.

Source: ICE officer charged in Minnesota (YouTube)