First ICE officer charged with assault for threatening people with a gun in Minnesota

Criminal Justice & Policing immigration

By: Max Nesterak-

April 16, 202612:45 pm

Hennepin County Attorney Mary Moriarty on Thursday filed criminal charges against an Immigration and Customs Enforcement officer for allegedly brandishing his service weapon at two people during Operation Metro Surge in what she said was a first-of-its-kind case in the country.

Gregory Donnell Morgan, Jr. faces two felony counts of second-degree assault with a dangerous weapon for allegedly pointing a gun at two unnamed victims in a car while he was driving an unmarked SUV on Highway 62 near the interchange with I-35W in Minneapolis in February. Details provided by prosecutors suggest it had the makings of a road rage incident.

Morgan, who is a Maryland resident according to the complaint, is not in custody and there is an active warrant for his arrest.

“Today’s charges reflect an important milestone in our efforts to seek accountability for the harms inflicted on our community during Operation Metro Surge,” Moriarty said during a news conference on Thursday.

The charges are sure to draw a fierce backlash from the Trump administration, which has repeatedly clashed with local prosecutors and law enforcement over Operation Metro Surge, including an ongoing legal fight over evidence in the killings of Renee Good and Alex Pretti.

Moriarty and Minnesota Attorney General Keith Ellison continue to weigh charges against the agents who killed Good and Pretti in January in Minneapolis, which galvanized a massive resistance to ICE in Minnesota and across the country.

They say their decisions on charges in those killings, as well as the shooting of Venezuelan national Julio Cesar Sosa-Celis in the leg, have been stymied by the federal government refusing to share evidence in the investigations.

Last month, Ellison and Moriarty filed an unprecedented lawsuit against the Trump administration seeking access to evidence in those cases including the car in which Good was killed on Jan. 7, the names of the agents who killed Pretti on Jan. 24, and the guns in all three cases.

“Virtually none of the obstacles around evidence collection that exist for the January shootings exist in this case,” Moriarty said.

Minnesota State Patrol was able to identify Morgan and interview him about the incident afterward at the Whipple Federal Building, which serves as the headquarters of ICE operations in the state.

ICE did not return an email asking for comment on the charges and if Morgan is still employed as an officer.

The incident began when the two alleged victims saw Morgan driving a rented Ford Expedition illegally on the right shoulder of the highway to pass traffic.

Unaware that the unmarked black SUV was driven by an ICE agent, the victim driver pulled into the shoulder to prevent him from illegally passing and then pulled back into the lane, according to the complaint.

Morgan then pulled up beside the two people, rolled down his window, and pointed his service weapon at them. Frightened, they called 911 to report the incident. The two alleged victims were not believed to be involved in protesting ICE, Moriarty said.

Moriarty said that Morgan, in his interview with state police, admitted he was driving the SUV and was returning to the Whipple building after finishing his shift.

“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.”

Moriarty said she believes this is the first time in the country that a federal immigration agent faces local prosecution for conduct while arguably being on duty.

There is precedent for local prosecutors bringing criminal cases against federal agents, but such cases are difficult and rare. Federal agents have protection from prosecution for carrying out their official duties, although that immunity does not extend to unreasonable or excessive force, according to legal experts.

“The baseline understanding here is that states can prosecute federal officials when they violate state criminal laws,” said Bryna Godar, a staff attorney with the State Democracy Research Initiative at the University of Wisconsin Law School who has studied the history of local prosecution of federal officials.

Whether Morgan and his partner were on duty and conducting official business while driving back to Whipple after their shift is likely to be a key determination.

Ramsey County Attorney John Choi is also weighing potential criminal charges against federal agents. On Monday, he announced an investigation into federal agents for possible kidnapping, burglary and false imprisonment, among other crimes.