DOJ drops assault charge against man arrested by ICE in Virginia

DULUTH — Prosecutors dropped a charge of assaulting a federal agent against 19-year-old Jose Espinoza-Espinoza after a U.S. District Court appearance in Duluth on Monday morning, Jan. 26.

The hearing took place before U.S. Magistrate Judge Leo I. Brisbois. The government did not present any witnesses to meet its burden to establish probable cause and instead moved to dismiss the complaint.

Espinoza-Espinoza was accused of ramming his car into a government vehicle and injuring an agent’s finger when he accelerated as the agent tried to open his car door on Jan. 16 outside a Mexican restaurant in Virginia. Three others in the vehicle when officers approached ran into the restaurant, according to the Department of Homeland Security's account.

According to the complaint, the car had been previously identified by U.S. Border Patrol in International Falls as being suspected of transporting undocumented people.

Federal agents contacted the Virginia Police Department, which responded to the scene to complete an accident report. According to the police department's report, the officer took photos of the vehicle and property left behind inside it. The mall property manager contacted a tow company, "as the vehicle was abandon [sic] and blocking traffic on mall property."

A spokesperson said the Virginia Police Department does not have a written policy on assisting other law enforcement agencies.

"However, when an outside agency is in the city limits of Virginia, the Virginia Police Department will assist them within the scope of the law," according to an emailed statement.

After he was detained, Espinoza-Espinoza allegedly told the agents he was from Guatemala and in the country illegally. The New York Times reported this raises the prospect that he could now be deported.

The Times also reported the case appears to be the first example of the Justice Department backing away from an assault case against a federal agent in Minnesota since the surge began.