(José Niño, Headline USA) A federal judge has dismissed criminal charges against Jose Espinoza-Espinoza, who was accused of assaulting federal officers during an immigration enforcement operation, after prosecutors failed to present any witnesses establishing probable cause for the allegations.
Fox 21 reports that federal agents arrested the 19-year-old Guatemalan national earlier this month, near the Cazadores Mexican restaurant in Virginia, Minnesota. Authorities claimed Espinoza-Espinoza occupied a vehicle they suspected was “transporting illegal aliens.”
The preliminary hearing on Monday, before U.S. Magistrate Judge Leo Brisbois lasted approximately five minutes. In a surprising development, federal prosecutors failed to present any witnesses to establish probable cause for the assault charge, despite having access to multiple agents present during the incident.
Court records indicate the federal government did not present witnesses necessary to demonstrate that the complaint against Espinoza-Espinoza was supported by probable cause. The U.S. Attorney’s Office subsequently moved to dismiss the charges rather than proceed with the hearing.
According to the criminal complaint, prosecutors alleged that when a special agent attempted to open the driver’s side door, Espinoza-Espinoza “rapidly accelerated,” causing multiple injuries and property damage, as the Cloquet Pine Journal reported. The complaint claimed the vehicle’s acceleration injured an agent’s finger and that Espinoza-Espinoza’s car rammed a government Ford Explorer positioned approximately 10 feet ahead, causing damage including a coolant leak.
The New York Times reported this appears to be the first instance of the DOJ backing away from an assault case against a federal agent in Minnesota since Operation Metro Surge began.
Judge Brisbois granted the government’s motion and ordered Espinoza-Espinoza released from custody on the criminal charges. However, KAXE reports it remains unclear whether he continues to be held on immigration violations.
The dismissal is part of a broader pattern emerging from Operation Metro Surge. A Fox 9 investigation found that the majority of people arrested for assaulting or impeding agents during the operation were either never charged or had their cases dismissed.
Charging documents from the now dismissed case claimed Espinoza-Espinoza informed authorities he was born in Guatemala, held Guatemalan citizenship, and was present in the United States illegally.
José Niño is the deputy editor of Headline USA. Follow him at x.com/JoseAlNino
