Photo Credit: Cameron County Sheriffs Department / Christian Castro mugshot
Disclaimer: This is part of an ongoing investigation; all parties are innocent until proven guilty.
(MINNEAPOLIS, MN.) - Minnesota’s attempt to force Texas to extradite Christian Castro has failed. Castro, an ICE officer, is wanted for falsely reporting a crime and four separate assault charges connected with the January 14 shooting of a Venezuelan man in Minneapolis.
He allegedly went back to Texas for work-related purposes and was arrested there in May after Hennepin County issued a warrant. The incident happened during Operation Metro Surge.
Prosecutors state that Castro shot through the door of Julio Cesar Sosa-Celis, a Venezuelan national living in Minneapolis. Castro then filed a false report claiming he was attacked.
Sosa-Celis suffered a non-life-threatening injury to his right thigh. Minnesota requested Castro’s extradition almost immediately after the arrest, but Texas Governor Greg Abbott has not yet decided whether he will honor the request.
Video Credit: YouTube / KARE11
His indecision is what led Minnesota to take further action; Texas can only legally detain someone for 90 days, and that period ends August 27. This means Castro could be released, and prosecutors are worried he may flee the country.
Federal Judge Fernando Rodriguez Jr. was asked to intervene by extending Castro’s detention until Abbott makes his decision. While Rodriguez was sympathetic, he was unable to uphold the request.
“I understand Minnesota’s concern,” he says, “but I don’t have the legal authority to do what you’re asking me to do.”
Minnesota argued that Abbott’s delay has prevented extradition and slowed the justice process. Rodriguez said the delay doesn’t constitute a ‘no’, but he did admit that Abbott was taking an unusually long time.
Photo Credit: Robin Jerstad for the Texas Tribune / Mayor Greg Abbott
Despite this, Rodriguez stated there isn’t a federal deadline for this type of request, so there’s no way to force Abbott to make his decision. Rodriguez believes there’s a legitimate reason for Minnesota to be concerned that Castro will flee.
Still, he states in part, “... possible outcome does not alter the analysis,” reiterating that without a law granting him the authority to force Abbott to decide within a specific timeframe, he can’t honor Minnesota’s request.
"Yes, Castro might flee. Yes, that would hurt Minnesota's case. But that doesn't give me legal authority to keep him locked up longer than the law allows."
Abbott has said he is trying to determine whether Castro returning to Texas to work after the incident qualifies him as a fugitive. He ordered a state review to investigate Castro’s specific circumstances and decide whether they legally warrant his surrender.
Prosecutors argue it doesn’t matter why Castro went to Texas, and that Abbot has a constitutional obligation to honor the extradition request. Minnesota Attorney General Keith Ellison expressed concerns that Texas will become a "sanctuary state” for anyone charged with crimes in another state.
To add to or correct any information in this report, please contact me at kristin.h@lead4earth.org.
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