Rachel Moran, a professor at the University of St. Thomas School of Law who studies policing and police accountability, spoke with KARE 11 about the prosecution of ICE agent Christian Castro following a January shooting in north Minneapolis. Moran discussed how rarely federal agents face state prosecution and the complex legal questions involving federal court and immunity that could shape the case.
From the story:
The case is unusual not only because of the allegations against Castro but because a local prosecutor is pursuing a federal agent, said Rachel Moran, a University of St. Thomas law professor who studies policing and police accountability.
“It’s definitely rare. It’s not unheard of,” Moran said. “We’re talking a handful of times over the past couple of decades.” Moran said federal agents are fewer in number than state and local officers, and they historically have been expected to receive more extensive training. “I don’t think that’s been the case with Homeland Security, but generally speaking, we would hope that federal agents aren’t committing many crimes.”
Moriarty said prosecutors expect Castro to seek to move the state case to federal court. Moran said that move is highly likely because federal law allows federal employees accused of conduct performed while on the job to seek removal of a state prosecution to federal court.
“It still would be Hennepin County prosecuting the case, but they would have to do it in front of a federal judge,” Moran said. “That’s the most likely next step.”
