An Immigration and Customs Enforcement agent accused of pointing his handgun at two people in an alleged Twin Cities road rage incident made his first court appearance Friday after returning to Minnesota and posting $100,000 bond.
Hennepin County Attorney Mary Moriarty filed felony assault charges against Gregory D. Morgan Jr. in April.
According to the criminal complaint, two people were driving east on Minnesota Highway 62 near the Interstate 35W interchange when they spotted an unmarked SUV on the shoulder of the road trying to pass stopped traffic.
The driver, whose name is not included in court documents, briefly pulled onto the shoulder to try to stop the SUV from cutting in line. Morgan allegedly drove alongside the other vehicle, lowered his window, and pointed his gun at the two people inside.
Prosecutors say that Morgan was not wearing a uniform and gave no indication that he worked for ICE. Moriarty noted at her April news conference that the two alleged victims weren’t part of any community anti-ICE efforts or protests and were on their way to go shopping.
Defense attorney Ryan Pacyga said Friday that Morgan, 35, is not on administrative leave and is still on duty with ICE.
As part of his release conditions, Morgan is not allowed to possess a firearm, including his service weapon, and must abide by that prohibition even outside the state. Court records show that Morgan lives in a Maryland suburb of Washington.
Morgan has the option of posting a $200,000 unconditional bond that would allow him to keep his weapon. Pacyga said that he plans to discuss that option with ICE officials.
Pacyga said that there’s more to the story that’s not included in the prosecution’s narrative, but he’s still waiting for the Hennepin County Attorney’s Office to turn over its evidence.
Federal authorities have refused to cooperate with state investigations into other incidents involving federal officers, including the fatal shootings of Renee Good and Alex Pretti during the wintertime immigration enforcement operation.
Pacyga says his client is cooperating with state authorities and trusts the court system to be fair.
Morgan didn’t speak during or after his initial court appearance Friday, but stood alongside Pacyga as the attorney spoke to reporters.
Because Morgan is a federal agent, he has the option to move the case to federal court, and Pacyga said he plans to file a motion to do that.
Even if the case goes before a federal judge, it would still be adjudicated under Minnesota law. If Morgan is convicted, he would not be eligible for a presidential pardon.
A possible advantage for Morgan in federal court is that federal jurors can be summoned from across the state, not just Hennepin County where there is more anti-ICE sentiment.
Morgan was the first ICE agent charged in connection with the enforcement operation. On Monday, Moriarty filed felony assault charges against agent Christian J. Castro for allegedly shooting and wounding Julio Sosa-Celis after a chase in January.
Court records list Castro’s case as dormant, but there’s an active warrant for Castro’s arrest.
