ICE agent breaks down in court over Operation Metro Surge, Hwy. 62 assault case

ICE agent testifies in Hwy. 62 assault case ICE agent Gregory Morgan Jr. testified Tuesday regarding a February encounter on Highway 62 in Minneapolis, where he is accused of pointing a gun at another driver. Morgan stated he feared an ambush and was making a tactical withdrawal due to the tense atmosphere of Operation Metro Surge, while state prosecutors argue the incident was straightforward road rage. FOX 9 Investigator Paul Blume has more.  The Brief ICE agent Gregory Morgan Jr. testified Tuesday at a court hearing in his felony assault case stemming from an encounter on Highway 62 in February.Morgan told a federal judge he feared an ambush on the freeway and drew his gun to back people off.The judge is deciding whether the assault case will stay in state court or move to federal court. MINNEAPOLIS (FOX 9) - Gregory Morgan Jr. took the stand Tuesday and gave his own account of the Highway 62 assault case. Morgan's account of the highway encounter Emotional testimony: Tuesday in Minneapolis, Morgan, a single father, broke down in tears while talking about the personal and psychological toll of Operation Metro Surge. He said he never wanted to deploy to Minnesota but followed orders. He described the atmosphere as "almost like a riot," and said he feared for his safety because of angry crowds, thrown rocks and racial slurs. He claimed he is being doxxed and had to pull his 10-year-old daughter out of school for doing a job he was "forced to do." Video shows incident that led to ICE agent being charged Traffic cameras captured footage of an incident on a Minnesota highway that led to an ICE agent being charged with assault.  Describing alleged incident: Morgan said his "heart was racing" when the Cadillac swerved and brake-checked his vehicle on Hwy. 62. Believing he could be ambushed, he said he drew his weapon in a "defensive posture" to de-escalate the situation. Morgan denied pointing his firearm at the Cadillac's driver. He testified that his right arm was bent at mid-chest, the pistol was pointed downward for roughly 5 to 6 seconds, and he yelled "police, back off" while keeping his left hand on the steering wheel and trying to make a safe tactical withdrawal back to base. Morgan also said agents were working in unmarked rental vehicles with no standard police lights, sirens or intercoms. "It didn't feel good at all," said Morgan. The court fight over jurisdiction Defense case for federal court: Tuesday's hearing is about whether the assault case belongs in state or federal court. Morgan's legal team says what happened on Hwy. 62 cannot be separated from the tense atmosphere of Operation Metro Surge. In court filings, the defense said Morgan was under direct orders to make a "tactical withdrawal" from immigration enforcement work and believed he was facing a targeted vehicular attack. Pacyga has also said the public has only heard one side of the story. State's road rage argument: Prosecutors say this is a straightforward road rage case, not an emergency response. They say Morgan and his partner were simply heading back to the Whipple Federal Building to end their shift and get gas. According to prosecutors, Morgan and his partner were in an unmarked black Ford Expedition rental on the Twin Cities' Crosstown freeway interchange during the evening rush on Feb. 5. They say the pair drove on the shoulder to get around traffic, and when a motorist tried to block that path, Morgan pulled alongside the Cadillac and pointed a laser-equipped Glock 19 handgun at the driver and passenger. The state also told the court ICE agents do not have authority to enforce local traffic laws. Prosecutors argued the tensions around Operation Metro Surge did not give Morgan the right to "menace other drivers" because he was stuck in traffic. What we don't know: Judge Brasel had not ruled Tuesday on whether the case will stay in state court or move to federal court. It also was not clear Tuesday whether the two alleged victims would testify or invoke their Fifth Amendment rights. The Source: FOX 9's Paul Blume attended Gregory Morgan Jr.'s court hearing Tuesday.  ImmigrationMinnesota