federal officer

DOJ went after protesters for felony assault, but juries, judges were unconvinced

The U.S. Justice Department failed to secure felony convictions against most of the 102 protesters arrested in Los Angeles and three other major cities last year on charges of assaulting federal authorities — a record far below the norm in federal assault prosecutions.

All of the dozen cases that made it to trial, mostly in L.A., ended in acquittal, mistrial or dismissal. Experts say that’s surprising for a department known for its ability to win at trial. The last three felony assault cases, in L.A. and Portland, Ore., will go to trial this fall.

The dismal record has raised questions about rushed investigations and aggressive charging tactics by prosecutors under pressure to show the Trump administration is cracking down on people who assault law enforcement. It comes as the Justice Department is facing broader setbacks in politically charged investigations, with grand juries repeatedly refusing to return indictments and trial juries granting acquittals.

“Prosecutors tend to win because they control what cases they pursue and they have a lot of resources and discretion,” said Mary Fan, a former federal prosecutor and law professor at the University of Washington.

The fact that the government failed to win any felony assault convictions at trial calls into question “whether or not these charges should have ever been brought in the first place,” she said.

Tracking the outcome of 167 arrests

The Associated Press’ analysis focused on arrests made during protests last summer and fall in L.A., Chicago, Portland and Washington, D.C. — cities with significant protests where President Trump deployed the National Guard or tried to.

Then-Atty. Gen. Pam Bondi said those who interfered with federal law enforcement would face “severe consequences.”

Most of the arrests — 102 — were for felony assault on a federal officer, which can carry a sentence of up to 20 years in prison. Of those cases, 41% were dismissed and 34% were pleaded down to misdemeanors. Ten people pleaded guilty to felony assault. Nine people got prison time.

Of those arrested on other charges, seven were sentenced to prison for offenses including arson and obstructing law enforcement. A few defendants have diversion agreements, meaning their cases will be dismissed if they demonstrate good behavior.

The AP’s analysis shows that the Justice Department’s record failed to meaningfully improve since December, when an initial assessment showed early struggles to prosecute people on the charges for which they were arrested.

The Justice Department said in a statement that federal prosecutors are right to prioritize cases against people accused of assaulting federal officers and that “each case is based on the facts.”

“If there are mitigating factors identified in a case, then prosecutors must also act appropriately to inform the court, and in some cases downgrade or drop charges,” the department said.

Prosecutors failed to persuade

It’s rare for federal prosecutors to lose at trial. In 2024, 82% of defendants charged with felony or misdemeanor assault were convicted at trial or with a plea deal, according to data from the Administrative Office of the U.S. Courts. AP’s analysis found that less than half of the protesters charged for either felony or misdemeanor assault were convicted.

In Portland, a jury couldn’t reach agreement on felony assault charges for Oriana Korol, who was playing clarinet in a marching band demonstrating outside the city’s Immigration and Customs Enforcement building last October when a scuffle involving officers broke out. Officers pepper-sprayed her and pushed her to the ground, where she struck one with her foot, according to court documents.

After a mistrial, prosecutors filed a reduced misdemeanor assault charge. She pleaded guilty and was sentenced Sept. 1 to time served and one year of supervised release.

Her attorneys wrote in a court filing that she “has accepted responsibility for the bad choices she made over a few seconds that caused no injury.”

Jonathan Caravello, a lecturer at California State Channel Islands, was acquitted of assault on a federal officer after a three-day trial. He was accused of throwing a tear gas canister deployed by immigration agents back at them while protesting a raid at a Camarillo cannabis farm.

Caravello said he was trying to get the canister away from the crowd. Videos showed he had tossed it high above officers’ heads and it landed far behind them. The jury acquitted Caravello after a quick deliberation.

“They’re trying to get a chilling effect out of these charges,” said Caravello, who turned down a misdemeanor plea deal.

Michael Rabbitt was among six co-defendants accused of felony conspiracy to impede a government vehicle from accessing an ICE facility near Chicago last September.

The vehicle slowly advanced despite being surrounded by protesters, leading some to put their hands on it, Rabbitt said.

After the government dismissed charges against two of the defendants, defense attorneys requested transcripts of the grand jury proceedings that led to the conspiracy indictment. The government eventually dropped the conspiracy charge and proceeded on misdemeanor counts of impeding a federal officer.

The judge later reviewed the unredacted transcripts and admonished prosecutors for improper behavior before the grand jury. The charges were dismissed days before trial.

Rabbitt said he was proud they fought the charges.

“This case was bigger than us,” he said. “I’m proud that we won this case, not just for us, but for protesters across the country.”

Many pleaded down

Though many federal criminal cases end in plea deals, some legal experts say it’s rare for felony assault to be pleaded down and may signal overcharging — filing a more severe initial charge so defendants will be more willing to plead guilty to one with a lighter sentence.

“I think when prosecutors bring charges ethically, they should be prepared to prove them beyond a reasonable doubt,” said Laurie Levenson, a former federal prosecutor who is a professor at Loyola Law School in Los Angeles.

The U.S. Attorney’s office overseeing Los Angeles said it brought the prosecutions in response to a “wave of violence against law enforcement officers who were doing their jobs.” It voluntarily dismissed charges against some defendants after further investigation, it said.

L.A. prosecutors have arrested three additional people for felony assault at immigration-related protests this year. One pleaded guilty to a felony and two to misdemeanors.

In Chicago, all but one of 19 felony assault cases were dismissed. The U.S. Attorney’s offices in the Northern District of Illinois, District of Columbia and Oregon did not respond to requests for comment.

Some DOJ convictions

A man accused of throwing a Molotov cocktail at a hotel outside Los Angeles where federal authorities were staying was sentenced to five years in prison. Two others were sentenced to more than three years after pouring lighter fluid on a burning California Highway Patrol vehicle.

Federal judges sentenced eight people to decades in prison for their participation in a demonstration outside a detention center in Texas in July 2025 where a police officer was shot in the neck.

Three people were convicted at trial of conspiracy to impede or injure an officer for protesting outside a detention facility in Spokane, Wash., in June 2025. The Spokane and Texas cases were not included in AP’s analysis because they did not occur in one of the four cities where Trump deployed troops or attempted to.

Ding and Rush write for the Associated Press. Rush reported from Portland. AP writers Eric Tucker and Alanna Durkin Richer in Washington contributed to this report.

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ICE officer lied about shovel and broom attack before Minnesota shooting, Justice Department alleges

Valerie Gonzalez and Alanna Durkin Richer

A U.S. Immigration and Customs Enforcement officer falsely told investigators he was being attacked with a broom and shovel before he shot and wounded a Venezuelan man during the Minnesota immigration crackdown last winter, according to a federal indictment unsealed Friday.

Christian Castro is charged with six counts of making false statements to investigators in the first Justice Department prosecution of a federal officer for actions taken during this year’s massive Operation Metro Surge. The operation brought thousands of agents to the Twin Cities and led to sweeping protests, arrests and the fatal shootings of two U.S. citizens by federal officers.

The allegations in the federal indictment mirror those brought by Minnesota officials, who have separately charged Castro with assault and false reporting of a crime related to the nonfatal shooting of Julio Cesar Sosa-Celis in January.

Castro turned himself into federal authorities Thursday evening following his release from jail last week because Texas’ governor refused to immediately sign an extradition warrant to hand him over to Minnesota authorities.

According to the federal indictment, Castro told an FBI agent that a man grabbed a red broom off the front porch and began hitting him with it. Castro also claimed that another man hit him with a snow shovel. Castro said he opened fire while on the ground as the men ran away.

The indictment alleges that Castro had a short “physical interaction” with Sosa-Celis and another man, before the two ran into a home with a 1-year-old child inside. Castro then fired a shot through the front door while standing as the men began to close it, hitting Sosa-Celis in the leg, the indictment says.

“No person struck” Castro “with a broom as he described, and no persons wielded the broom and snow shovel as he described,” the indictment says.

No attorney is listed for Castro in the case brought by Minnesota and it was not immediately clear if he had a lawyer to speak on his behalf.

Federal prosecutors had initially charged Sosa-Celis and the other man, Alfredo Alejandro Aljorna, with assault but dropped the charges after video evidence showed the officer may have lied about the encounter. Castro was suspended from ICE in February while authorities pursued an investigation.

The federal investigation into Castro created turmoil inside the Justice Department, with a prosecutor on the case accusing higher ups of blocking efforts to bring more serious civil rights charges.

In an email obtained by ProPublica, the prosecutor told lawyers for Sosa-Celis and others that Castro would be charged only with making false statements over his “strongest objections,” adding the decision was “being directed by the Main Justice and the US Attorney.”

A person familiar with the investigation, however, told The Associated Press on Thursday that the civil rights probe is ongoing and that additional charges could still be brought.

The prosecutor, Matthew Evans, has since been fired and the Justice Department is now investigating whether he broke any laws during his handling of the case, said the person, who spoke on the condition of anonymity because they were not publicly authorized to discuss ongoing investigations.

An automatic email response from Evans’ Justice Department account said he was on leave, and other attempts to reach him were not immediately successful.

Sosa-Celis’ lawyer is pressing for Castro to face stiffer charges, saying in a statement on Thursday that Castro’s statements were made to “cover up the fact that he shot my client through the door of an occupied house without a self-defense justification.”

“Mr. Sosa Celis wants Mr. Castro to be held fully accountable for his crimes,” said the attorney, Robin Wolpert. The American Civil Liberties Union of Minnesota said Thursday that Sosa-Celis also plans to seek damages from the federal government.

Gonzalez and Richer write for the Associated Press. Richer reported from Washington.

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