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 undercutting the government’s version of events.

In a filing on Thursday, the US attorney’s office for the district of Minnesota said “newly discovered evidence” in the criminal case against Alfredo Alejandro Aljorna and Julio Cesar Sosa-Celis “is materially inconsistent with the allegations against them” made in a criminal complaint and a court hearing last month.

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