MINNEAPOLIS (AP) — Federal prosecutors in Minneapolis have moved to drop felony assault charges against two Venezuelan men, including one shot in the leg by an immigration officer, after new evidence emerged that undercut the government’s version of the events.

On Thursday, the U.S. Attorney’s Office for the District of Minnesota filed a motion indicating that newly discovered evidence is materially inconsistent with the allegations against Alfredo Alejandro Aljorna and Julio Cesar Sosa-Celis. The motion requested the charges be dismissed with prejudice, meaning they cannot be refiled.

This pending dismissal follows a series of high-profile incidents involving federal immigration agents, where eyewitness testimony and video evidence undermined the justification for the use of force. Many cases involving individuals accused of assaulting federal officers have recently faced similar challenges.

The charges were linked to a January 14 incident when ICE officers attempted to pull over a vehicle driven by Aljorna, leading to a crash and a subsequent foot chase. The government alleged that Aljorna resisted violently, which was contradicted during a January 21 court hearing where the officer's account differed sharply from that of the accused and several witnesses.

As details emerged, discrepancies became evident. Sosa-Celis was reportedly shot during an altercation that the officer claimed involved an attack with a snow shovel and broom handle—claims not fully supported by witness testimonies or available video evidence.

In an ironic twist, the day after the shooting, Homeland Security Secretary Kristi Noem criticized Minnesota Governor Tim Walz and Minneapolis Mayor Jacob Frey for the incident, framing it as a failure to protect federal law enforcement.

The latest court filings did not detail the new evidence but suggested significant shifts in the narrative surrounding the use of force by federal agents, prompting deeper examination of policies and accountability measures in such operation contexts.

Both defendants have maintained that they were not assaulting the agent. They stated that Aljorna had thrown a broomstick only while attempting to flee, and Sosa-Celis was retreating with a shovel when he was hit. Both men lack violent criminal histories and were working innocently as delivery drivers.

After barricading themselves in a nearby home following the incident, they eventually surrendered to authorities out of concern for two children within the premise.