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Judge dismisses more serious charge against U.S. citizen arrested by CBP

Miguel Angel Garcia Martinez's,
Julian Berger
/
WFAE
Miguel Angel Garcia Martinez's brother, Brian, speaks before a crowd in front of the federal courthouse in uptown Charlotte on Thurs, Nov. 20, 2025.

A U.S. citizen detained by U.S. Customs and Border Protection will face only one of the felonies he was originally charged with, after the judge threw out the more severe of the two.

U.S. Magistrate Judge David Keesler ruled last week there was probable cause to charge 24-year-old Miguel Angel Garcia Martinez with forcibly interfering with federal officers — but not with using a deadly weapon.

The felony case against a woman accused of assaulting a federal officer outside Charlotte’s ICE office was dismissed Monday, only for prosecutors to file a new set of misdemeanor charges Tuesday.

CBP agents arrested Garcia Martinez after they said he followed their vehicles and recorded them for social media. Agents also said he led them on a 1.5-mile chase on University City Boulevard and struck their vehicle with his own.

In his written order, Judge Keesler said that CBP agents themselves expressed the intent to hit Garcia Martinez’s van, not the other way around.

In a statement to WFAE, Garcia Martinez's attorney John Park Davis said, "CBP assaulted Mr. Martinez simply for watching and documenting the things they did in public, and their senseless and unconstitutional aggression put lives at risk."

Garcia Martinez is out on bond, but the charge he still faces carries up to eight years in federal prison. The U.S. Attorney’s Office said it appreciates the magistrate judge's careful consideration and is continuing to evaluate the case.

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Julian Berger is a Race & Equity Reporter at WFAE, Charlotte’s NPR affiliate. His reporting focuses on Charlotte's Latino community and immigration policy. He is an award-winning journalist who received the 2025 RTDNAC Award for an economic story examining how fears of immigration enforcement affected Latino-owned businesses in Charlotte.