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Trump's Justice Department left an ICE shooting out of its federal case

· 4 min read · 898 words

Federal prosecutors have charged ICE agent Christian Castro with lying to investigators after he allegedly shot Julio Cesar Sosa-Celis through the front door of a Minneapolis home. The prosecutor who led the case says Justice Department officials blocked the civil rights charge he wanted to bring. The department disputes his account and says its civil rights review remains open.

Whatever happens next, one choice is already on the record. The federal government has charged Castro over the story he told after the shooting. The force he allegedly used against Sosa-Celis is absent from the federal charges reported so far. A false statement case can punish a cover story. It cannot substitute for a decision about the shooting itself.

The official story collapsed

Castro was part of Operation Metro Surge when he and another agent chased Alfredo Alejandro Aljorna to the home he shared with Sosa-Celis on January 14. According to the Hennepin County Attorney’s charging announcement, Castro fired through the front door while people were inside. The bullet struck Sosa-Celis in the leg and ended in the wall of a child’s room.

The Department of Homeland Security claimed the men had attacked an agent with a broom handle and a snow shovel. Federal prosecutors charged Aljorna and Sosa-Celis with assaulting officers. That account soon fell apart. Prosecutors dropped the cases after finding evidence that was materially inconsistent with the allegations, and then acting ICE director Todd Lyons said video evidence indicated that two officers had made untruthful sworn statements.

Minnesota prosecutors later charged Castro with four counts of second degree assault and one count of falsely reporting a crime. Those are accusations that still have to be proved in court. They also expose the grotesque reversal at the heart of this case. The men first accused by the federal government were cleared. The agent who accused them now faces charges over the shooting and his account of it.

The charge Washington stopped

ProPublica reported that assistant U.S. attorney Matthew Evans had been preparing a charge under 18 U.S.C. Section 242, which makes it a crime for an official acting under color of law to willfully deprive someone of a constitutional right. In an email reviewed by ProPublica, Evans said the decision came from Main Justice and the U.S. attorney. He wrote, “I objected in the strongest possible terms.” Evans said his objection failed.

Section 242 is aimed at the conduct of officials who misuse government power. The Justice Department’s own summary of the law says an offense involving bodily injury or a dangerous weapon can carry up to ten years in prison.

Castro instead faces a sealed federal indictment for making false statements. CBS News reported that a grand jury returned six counts. He entered federal custody in Texas on Thursday, a development also confirmed by the Associated Press.

Six false statement counts are serious. They can punish alleged lies to investigators. They do not resolve whether shooting through an occupied front door was a willful violation of Sosa-Celis’s rights.

The department owes more than “ongoing”

The Justice Department says no final decision has been made about a civil rights charge. A person familiar with the investigation told the Associated Press that the review continues and disputed Evans’s characterization. The same source said Evans had been fired and was under investigation for alleged obstruction of a grand jury probe.

The department has legitimate reasons for caution. A line prosecutor can be wrong, and Section 242 requires proof that an official acted willfully. Evans’s reported investigation also belongs in the record without speculation about what it means for his charging recommendation.

Yet the public response quoted by ProPublica does not explain why officials rejected the recommendation of the prosecutor closest to the evidence. It identifies no weak element in the proposed Section 242 case and offers no timeline for a decision. “Ongoing” describes a file. Accountability requires a reasoned conclusion.

The need for that conclusion is larger than this case. A ProPublica analysis of 12 shootings by on-duty federal agents found that local police opened no investigation in six. In almost every case, Trump administration officials blamed the injured or dead within hours. In Minnesota, federal officials also blocked state investigators from shooting scenes and withheld evidence.

ICE gets to issue the first public account, and its parent department controls whether federal civil rights charges follow. When video contradicts that account, false statement charges matter. The government still owes a decision about the violence the alleged lies were used to justify.

Texas made the state case harder

Minnesota has tried to prosecute the shooting under state law. Texas Governor Greg Abbott left Minnesota’s extradition request unsigned while Castro sat in a Cameron County jail. Abbott’s lawyers said he was waiting for an internal state review. A federal judge ruled that he could not force Abbott to sign the warrant, and Castro was released when Texas’s 90-day detention limit expired.

The state charges remain pending, and Castro is now in federal custody. Texas’s delay kept Minnesota from the transfer it sought before the 90-day limit expired, while the federal case currently addresses only alleged false statements. Each government can point to another proceeding. Sosa-Celis is left waiting for any court to judge the shot that tore through his door.

Six counts for alleged lies address the cover story. Section 242 exists to address willful abuse of government power. If the Justice Department closes this case at false statements, it will punish the account and leave the force behind it unanswered.


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