Connect with us

Minnesota

Why state charges for Minneapolis ICE shooting are possible but tricky

Published

on

Why state charges for Minneapolis ICE shooting are possible but tricky



To get a case to trial, state prosecutors may have to show federal immunity doesn’t apply.

play

Many in Minnesota and across the country were outraged by the killing of Renee Nicole Good by a federal immigration agent in a Minneapolis neighborhood, and called for the agent to face charges. Minneapolis Mayor Jacob Frey, who oversees the city’s police department, said the Trump administration’s characterization of the shooting as self-defense is “spin.”

But even if Minnesota prosecutors conclude the shooting was a crime, can they charge a federal Immigration and Customs Enforcement agent for something he did on the job? No, according to Vice President JD Vance, who asserted that the agent has “absolute immunity” from criminal charges.

The reality isn’t so simple. Minnesota state prosecutors may, in fact, be able to prosecute the federal immigration agent who shot and killed a Minneapolis woman, though the pathway forward would come with special challenges.

State officials announced Jan. 9 that they are collecting evidence surrounding Good’s Jan. 7 death, a signal they may consider bringing charges. The move comes after President Donald Trump and other White House officials suggested the shooting was justified, and state authorities said the FBI pulled out of a joint investigation.

Advertisement

Though the U.S. Department of Justice hasn’t announced whether it will bring charges, the hasty statements by White House officials opposing charges make a federal prosecution seem highly unlikely, especially at a time when the lines between the DOJ and White House are increasingly blurred.

“When you have the president, the vice president, the secretary of homeland security all saying that this was self-defense, there’s zero chance that Pam Bondi and the Department of Justice will move forward with a prosecution at the federal level,” Neama Rahmani, a former federal prosecutor, told USA TODAY.

At a Jan. 9 news conference, Minnesota Attorney General Keith Ellison and the top prosecutor for Minneapolis’ Hennepin County, Mary Moriarty, both said they haven’t yet made a charging decision when it comes to Good’s death, and will wait until evidence is evaluated.

Ellison led the state prosecution of Derek Chauvin, a Minneapolis cop convicted in 2021 of murdering a Black man who was under arrest, George Floyd. Moriarty was elected in 2022 on a platform of holding police accountable.

Advertisement

Rahmani said he wouldn’t be surprised by a decision to bring charges.

“I think they ultimately will choose to prosecute,” Rahmani said. “Attorney General Ellison’s office has been pretty aggressive in these types of cases, dating back to George Floyd,” he added.

As tensions have flared over the Minneapolis death, federal agents shot and wounded two people during a traffic stop in Portland, Oregon, on Jan. 8. As with the Minnesota case, federal officials said the driver “weaponized his vehicle,” while local officials called for an investigation. Similar questions of potential state charges could arise in that case.

Here’s why Minnesota authorities could pursue state charges, but could also face challenges:

Advertisement

Hurdles to Minnesota prosecuting federal agent

One challenge to Minnesota officials bringing charges is that they would likely have to prosecute the case outside of their home turf. There’s a federal law allowing officers of federal agencies to move their cases to a federal court when they are being prosecuted for something they did as part of their official responsibilities.

That’s a significant disadvantage for state prosecutors, according to Mark Bederow, a criminal defense lawyer in New York City and former Manhattan prosecutor. He noted that, in a federal court, state prosecutors would be dealing with a different pool of potential jurors, a different judge, and different legal processes.

“It’s a road game, instead of having home court advantage,” Bederow said.

In addition, state prosecutors would likely have to meet special legal standards to get the case to trial, because they would be prosecuting a federal agent. In that type of case, defendants often argue they can’t be prosecuted because of a constitutional provision – the Supremacy Clause – that puts federal law above state law.

Advertisement

Federal courts have sometimes blocked state prosecutions under that provision, out of concern that state authorities are using their prosecutorial power to frustrate the federal government from legitimately exercising its own powers, according to Bryna Godar, a staff attorney at the University of Wisconsin Law School’s State Democracy Research Initiative.

Godar wrote in the Lawfare legal publication that federal courts have repeatedly blocked state prosecutions when the federal official was reasonably carrying out lawful federal duties. But, outside those circumstances, courts have allowed the prosecutions to go forward.

“In many cases, the federal officer may ultimately walk away with immunity. But not always,” Godar wrote.

Another potential challenge is courts disagreeing on the exact contours of this type of immunity for federal officers, leaving the law in this area somewhat unsettled, according to Godar. The U.S. Supreme Court hasn’t weighed in on this type of immunity in more than a century.

Murder and manslaughter charges could be in play

Even if state officials do decide charges are warranted, they are unlikely to bring a first-degree murder charge, according to Rahmani. That crime generally requires premeditation.

Advertisement

He said state officials might consider a form of manslaughter or a lesser murder charge, which come with maximum penalties ranging from 10 to 40 years in prison. For example, a person can be guilty of second-degree manslaughter in Minnesota by unreasonably endangering a person’s life or of second-degree murder by intentionally killing someone without premeditation.

“It’s possible that there’s multiple charges and they don’t just land on one, to give jurors really the option,” Rahmani said.

‘Very tough job for prosecutors’

If the ICE agent ended up facing charges, he would likely argue he shot Good in self-defense, former prosecutors told USA TODAY.

Minnesota law allows officers to use deadly force if it’s reasonable for them to believe the force will protect them or another person from great bodily harm.

In this case, the agent may argue that Good appeared to be directing her SUV at him. Trump officials have highlighted video footage from the front of the SUV, saying it shows movement in the agent’s direction. Advocates for Good have pointed to footage from the rear, which shows the vehicle turning as if to pass the agent and get away.

Advertisement

Looking across multiple public videos, which show both Good’s handling of the wheel and the movement of the SUV’s tires, Good is driving simultaneously rightward and forward, as the agent stands towards the left, front side of her car. Then there are three brief sounds that may be bullet shots, one as the agent points his gun at the left side of the front windshield, and then two more as he is pointing at the side window as the car drives away.

Protests have mounted across the country, with many arguing the video shows the shots weren’t reasonable, and protesting what they see as ICE’s aggressive behavior — including towards U.S. citizens such as Good — more generally.

“They are already trying to spin this as an action of self-defense,” Minneapolis Mayor Jacob Frey said at his Jan. 7 press conference. “Having seen the video myself, I want to tell everybody directly – that is bull—-.”

But Bederow said, as emotional as the case is, there is much more to be parsed out in terms of witness interviews and video analysis that could illuminate key legal questions, such as whether it was reasonable for the ICE agent to believe he was in danger.

Advertisement

“Lawyers who do this for a living and have experience in self-defense or justification cases realize that there’s a lot more nuance to this than saying, ‘She didn’t mow the guy down, and he shot and killed her,’” Bederow said.

If he does face charges, the agent might argue that he was operating in a heated environment — he and Good’s wife were filming each other outside the SUV as she asked if he “wanted to come at” them, just seconds before the shooting — and that he didn’t have the luxury of analyzing the direction of the SUV’s movements in a frame-by-frame, slow motion video.

“It’s going to be a very, very tough job for prosecutors, notwithstanding the fact that there is very disturbing video and a woman lost her life,” he said.



Source link

Advertisement

Minnesota

Shorthanded Clippers can’t keep pace with Anthony Edwards and Minnesota

Published

on

Shorthanded Clippers can’t keep pace with Anthony Edwards and Minnesota


Anthony Edwards scored 31 points, Donte DiVincenzo added 18 and the surging Minnesota Timberwolves beat the Clippers 94-88 on Thursday night.

Jaden McDaniels and Ayo Dosunmu each scored 12 points and Rudy Gobert had 13 rebounds to help the Timberwolves improve to 5-1 since Feb. 9 and 3-1 since the All-Star break.

Edwards, returning to the site of the All-Star Game, where he was the MVP, was 12 for 24 from the floor and sealed the victory with a step-back three-pointer over two defenders for a 92-88 lead with 42.9 seconds left.

Advertisement

Minnesota improved to 2-0 on a three-game trip.

Derrick Jones Jr. scored 18 points and Bennedict Mathurin added 14 for the Clippers, who struggled from the outset with a season-low 38 points in the first half. Kris Dunn had 11 points for the Clippers (27-31), who have lost three consecutive games for the first time since December.

The Clippers struggled on offense without star Kawhi Leonard, out because of ankle soreness. The Clippers shot 40.5% from the floor, including 18.2% (four for 22) in the second quarter. Minnesota shot 43.4% in the game.

The Timberwolves (37-23) scored just 15 points in the second quarter and still topped the Clippers, who had 11. Minnesota led 44-38 at halftime behind 12 points from DiVincenzo and 11 from Edwards.

Advertisement

The Clippers led by six in the third quarter and were up 68-63 heading into the fourth. Edwards’ drive and reverse layup put the Timberwolves up for good at 76-74 with 7:40 remaining.

The Clippers pulled within one three times in the last 2½ minutes, but Edwards answered each time. He scored the Timberwolves’ last nine points.

Up next for Clippers: vs. New Orleans on Sunday night.

Advertisement



Source link

Continue Reading

Minnesota

Church congregant filed lawsuit against alleged Minnesota church protesters

Published

on

Church congregant filed lawsuit against alleged Minnesota church protesters


A St. Paul church member has filed a federal lawsuit alleging that a group of individuals, including journalist Don Lemon and activist Nekima Levy Armstrong, unlawfully disrupted service last month as part of a coordinated political demonstration.

The complaint, filed by Ann Doucette in the U.S. District Court of Minnesota, alleges that a Jan. 18 demonstration at Cities Church interfered with her ability to worship and caused her to suffer damages, including emotional distress and trauma.

In addition to the former CNN anchor and Armstrong, the complaint names journalist Georgia Fort and activists Will Kelly, Jerome Richardson, Trahern Crews and Jamael Lundy. It also names St. Paul school board member Chauntyll Allen.

Doucette and seven of the defendants did not immediately respond to requests for comment. Doucette filed the complaint without the representation of an attorney. In an emailed statement to NBC News, Crews denied the lawsuit’s allegations “with empathy and compassion.”

Advertisement

The lawsuit accuses the group of civil conspiracy, aiding and abetting, intentional infliction of emotional distress, interference with religious exercise and trespassing.

“As a result of Defendants’ actions, the worship service was disrupted, congregants experienced fear and distress, and Plaintiff’s ability to freely exercise her religion in a private place of worship was unlawfully interfered with,” the lawsuit states.

All eight defendants are also facing federal charges for conspiracy against the rights of religious freedom at a place of worship and for interfering with the exercise of the right of religious freedom. Lemon has pleaded not guilty to all charges, saying outside the court, “I wanted to say this isn’t just about me, this is about all journalists, especially in the United States.”

Fort, Crews and Lundy were released on bond and entered not guilty pleas, according to The Associated Press.

Don Lemon reporting from an anti-ICE demonstration at Cities Church in St. Paul, Minn.@TheDonLemonShow via YouTube

This is the latest legal action tied to protests in the Twin Cities, where tensions remain over the Trump administration’s immigration crackdown and the fatal shootings of Renee Good and Alex Pretti.

Advertisement

According to the lawsuit, the demonstrators engaged in “coordinated conduct” by organizing meetings ahead of the “Operation Pullup” protest and promoting it on social media.

The lawsuit alleges that on the morning of Jan. 18, a coordinated group of individuals entered Cities Church, halting the worship service, and chanting “‘ICE Out!’ and ‘Hands Up, Don’t Shoot!’” while obstructing aisles. Protesters could allegedly be seen “confronting the pastor and congregants in a menacing manner,” the lawsuit says, noting that their chanting and “aggressive gestures” caused “severe emotional distress, fear, anxiety, and trauma” and caused children “terror.”

Demonstrators gathered at the church because they said its pastor, David Easterwood, was the acting director of an ICE field office in the city, the lawsuit says.

Lemon was arrested in January in California and accused of violating federal civil rights law after covering the protest on Jan. 18. He was released on a personal recognizance bond before a federal grand jury in Minnesota returned the indictment against Lemon and eight co-defendants, all of whom are also named in Doucette’s lawsuit.

Nekima Levy Armstrong, Cities Church protest arraignment, St. Paul, Minn., February 2026
Nekima Levy Armstrong in St. Paul, Minn., on Feb. 13.Carlos Gonzalez / Star Tribune via Getty Images

In the lawsuit, Doucette alleges that Lemon specifically livestreamed the protest, “noting congregants’ fear and distress, and appeared to take satisfaction in the disruption.”

Levy Armstrong, a Minneapolis-based civil rights attorney and activist, was also arrested for her participation in the St. Paul protest. Her arrest drew national attention after the White House shared on social media doctored photos where she appeared to be crying.

Advertisement



Source link

Continue Reading

Minnesota

Man arrested, charged with threatening to kill a state senator

Published

on

Man arrested, charged with threatening to kill a state senator



A Hubbard County man was arrested and charged after threatening to kill a Minnesota state senator on Facebook. 

Advertisement

Court documents filed on Wednesday state the Minnesota State Patrol were investigating a threat posted by John Tobias saying that he would “kill every one of you treasonous [expletive] immediately” if he did not get money back that he claims he lost during the 2020 COVID shutdown. 

Court documents go on to say that Tobias then called the Minnesota Attorney General’s Office asking for something to be done about “Minnesota Governor Tim Walz ‘unconstitutionally’ shutting down the state due to COVID-19. 

The Minnesota State Patrol contacted Hubbard County deputies regarding Tobias. Court documents state Hubbard County investigators were already familiar with Tobais after speaking with him regarding similar threats he made in Jan. 

The charging documents state that investigators searched Tobias’ residence on Tuesday and found an arsenal of guns and 45 boxes of ammunition. 

Tobias was taken into custody. During an interview with law enforcement, Tobias admitted to making the threat on Facebook. He also told investigators that “he did not have any intention of killing anyone, but admitted he was trying to get people’s attention,” according to court records. 

Advertisement

In late 2025, Lt. Col. Jeremy Geiger of the Minnesota State Patrol, who oversees Capitol security, told a panel of lawmakers that threats to lawmakers had doubled between 2024 and 2025. 

Tobias made his first court appearance Wednesday morning and is expected back in court early next month.  



Source link

Continue Reading

Trending