Protection attorneys for a Minnesota man convicted in December of assaulting Immigration and Customs Enforcement officer Jonathan Ross are looking for entry to investigative recordsdata associated to the killing of Renee Nicole Good, after studying Ross was the identical officer who shot and killed her throughout a focused operation in Minneapolis final month.
Attorneys for Roberto Carlos Muñoz-Guatemala requested a federal decide on Friday to order prosecutors to show over coaching data in addition to investigative recordsdata associated to Ross, the ICE agent who killed Good on January 7 throughout Operation Metro Surge and was additionally injured in a June 2025 incident during which Muñoz-Guatemala dragged him together with his automotive.
A separate post-trial movement by the protection, filed within the US District Court docket in Minnesota, asks the decide to pause deadlines for a new-trial movement till the invention movement is resolved.
Muñoz-Guatemala’s attorneys argue that even when the court docket finally decides that any newly found proof doesn’t entitle their consumer to a brand new trial, he’s entitled to discover whether or not there are mitigating elements that might impression the size of his sentence, comparable to whether or not Ross’ accidents might have been, to a point, introduced upon him by his personal conduct.
A jury convicted Muñoz-Guatemala on December 10 of assault on a federal officer with a harmful weapon and inflicting bodily damage.
Court docket filings say that Ross and different brokers had been trying to interview Muñoz-Guatemala final summer time, and presumably course of him for deportation, as a result of he had an administrative warrant out for being within the nation with out authorization. They surrounded his Nissan Altima and tried to take away him from the car. Ross then used a instrument to shatter the rear driver’s-side window earlier than reaching inside. When the defendant accelerated away, Ross testified, he was dragged roughly 100 yards, throughout which period he repeatedly deployed a taser. Muñoz-Guatemala subsequently referred to as 911 to report he’d been the sufferer of an assault.
Throughout his trial, Muñoz-Guatemala said he didn’t understand that Ross—who in line with his personal testimony was carrying ranger inexperienced and grey and wore his badge on his belt—was a federal agent. (Ross testified that Muñoz-Guatemala had requested to talk to an legal professional, which might counsel he knew Ross was performing as regulation enforcement, however an FBI agent who witnessed the incident stated he didn’t hear this. In accordance with court docket data, this declare didn’t come up in pretrial interviews, and prosecutors stated they’d not heard it earlier than he made the declare in court docket.) Muñoz-Guatemala’s attorneys say now that had he been tried after Good’s killing, his protection could have additionally asserted that he was justified in resisting Ross, who they declare was the aggressor and used extreme power.
The argument is that the jury directions primarily contained a two-part resolution tree: Jurors might convict Muñoz-Guatemala in the event that they believed he ought to have recognized Ross was regulation enforcement. They might additionally convict him in the event that they believed driving away was not an inexpensive response.
Muñoz-Guatemala’s conviction doesn’t point out which of those prongs the jury relied on. If it was the latter, the protection argues within the movement, the court docket ought to have entry to proof that will have bearing on Ross’ conduct, ways, and whether or not he behaved aggressively—info which may point out whether or not the agent has a historical past behaving recklessly within the area or opposite to his coaching.
Prosecutors haven’t but filed a response to the motions. An electronic mail to an tackle related to Ross in publicly obtainable data didn’t end in a direct response. The Division of Justice didn’t instantly reply to a request for remark. The Division of Homeland Safety didn’t instantly reply to questions on Ross’ present responsibility standing or the standing of any departmental overview.
Ross has been positioned on administrative go away following the January 7 capturing of Good, a 37-year-old Minnesota poet and mom of three, a step DHS officers say is normal protocol after deadly use of power. Ross has not been charged in Good’s killing, and the Justice Division has stated it won’t pursue legal fees.
