ICE Agent Jailed in Minnesota After Months-Long Fight Over Shooting Case

Minnesota authorities took Castro into custody Wednesday

MINNEAPOLIS — U.S. Immigration and Customs Enforcement agent Christian Castro was arrested in downtown Minneapolis and booked into the Hennepin County jail Wednesday, September 16, eight months after a shooting that produced separate state and federal criminal cases, Reuters reports.

The Minnesota Bureau of Criminal Apprehension took Castro into custody on an outstanding state warrant. His attorney, Daniel Gerdts, told Reuters that Castro had driven from Texas under an agreement to surrender at the lawyer's office but was arrested minutes before he arrived.

Custody is not a conviction. Castro is accused in two jurisdictions, and the allegations must be proved in court. Reuters reports that DHS suspended him from ICE; the reviewed sources do not say he has been fired.

The state and federal prosecutions are separate

Hennepin County prosecutors charged Castro with four counts of second-degree assault and one count of falsely reporting a crime in connection with the January 14 encounter. Reuters reports that his first appearance on the state case was expected Thursday.

A federal grand jury separately indicted Castro on six counts of knowingly and willfully making materially false statements to the FBI. The Justice Department says the statements were allegedly made during an interview on the night of the shooting. Castro was expected to appear in federal court in St. Paul on Friday.

An indictment and criminal complaint are charging documents, not proof. The Justice Department expressly states that Castro is presumed innocent unless and until guilt is proved beyond a reasonable doubt.

Prosecutors allege a shooting through an apartment door

The state case stems from Castro's shooting of Julio Cesar Sosa-Celis, a Venezuelan man, in the leg through the door of a Minneapolis apartment while children were inside, according to Reuters' account of the charges. The reviewed sources do not establish a final finding about Castro's intent or legal justification.

The federal indictment focuses on what Castro allegedly told an FBI agent afterward. The Justice Department says Castro described being struck with a broom and snow shovel during a struggle and firing while the men ran toward the house.

Federal prosecutors allege that material parts of Castro's account were false. Reuters reports that video evidence contradicted the claimed attack. Castro's lawyers dispute the suggestion that he intended to avoid Minnesota proceedings; attorney Rolando Cantu told Reuters that Castro wants his day in court.

The arrest follows an interstate custody fight

Texas Rangers previously arrested Castro, but Texas Gov. Greg Abbott declined to sign extradition papers sent by Minnesota Gov. Tim Walz. Abbott questioned whether Castro qualified as a fugitive because DHS had reassigned him to Texas after the shooting, Reuters reports.

Castro spent 90 days in a Texas county jail and was released August 27 after a federal judge denied Minnesota's request for an order requiring his immediate extradition. Federal authorities arrested him again after the grand jury returned the false-statement indictment in early September, and he was later released on bond in that case.

Wednesday's Minnesota booking is therefore a material change in custody, not a new finding of guilt. It allows the state prosecution to move forward while the federal case proceeds separately.

What remains unresolved

The upcoming hearings can address counsel, release conditions, scheduling and pleas, but they will not by themselves establish guilt. The two courts may also set different conditions because the state and federal indictments contain different charges.

The public record reviewed for this report does not establish a trial date, conviction, sentence or civil-rights charge. Reuters reports that a civil-rights investigation was opened, but the Justice Department says only that it continues to evaluate the evidence and has not ruled out additional charges.

What’s the Scoop With Broach will update this report if a court records Castro's pleas, changes his custody status, sets a trial date or if prosecutors file additional charges. Until then, the verified development is his Minnesota arrest and booking—not a verdict.

About the image

The accompanying photograph shows the U.S. District Court courthouse in downtown Minneapolis in October 2018. Tony Webster created the image and licensed it under Creative Commons Attribution 2.0 through Wikimedia Commons.

The courthouse is relevant to the federal case but the photograph is contextual. It does not depict Castro, Sosa-Celis, the shooting, the Hennepin County jail, the September arrest, a court appearance or case evidence.