ICE agent charged with assault will surrender to Minnesota authorities, attorney says

Gregory Morgan Jr., the Immigration and Customs Enforcement (ICE) agent charged by Minnesota prosecutors with two counts of assault with a dangerous weapon for allegedly brandishing a firearm at a motorist, will turn himself in to authorities Thursday, his attorney told ABC News.

The Hennepin County Attorney’s Office announced the charges in April, claiming in the complaint that Morgan was ending his shift on February 5 and was driving back to the Whipple Federal Building when a motorist allegedly cut him off as Morgan was trying to pass. Morgan then produced a firearm and pointed it at the motorists, the complaint said.

Morgan's attorney, Ryan Pacyga, said in part that the complaint contains “inaccurate and incomplete information” and that Morgan did not initiate the encounter.

The Department of Homeland Security did not immediately respond to an ABC News request for comment, nor did they respond to a similar request when the charges against Morgan were announced.

Morgan, of Temple Hills, Maryland, is charged with two counts of assault with a dangerous weapon related to the encounter, Hennepin County Attorney Mary Moriarity announced in a news conference on April 16.

Moriarity said at the time that Morgan was driving "illegally" on the shoulder, "appearing to bypass shoulder traffic."

The complainant told police that they did not know the person driving the other car was an ICE agent until investigators told them, according to the prosecutor's complaint.

"There were no markings on Defendant's vehicle that would identify it as law enforcement and the vehicle was not displaying or using lights or sirens," according to the complaint. "Defendant continued to travel on the shoulder but rather than continue to drive past the victims, he pulled alongside their vehicle, rolled down his window, and pointed a black handgun directly at Victim 1 and Victim 2."

"Victim 1 had a clear view of Defendant's appearance, saw that Defendant was wearing a black t-shirt, saw that the gun was pointed directly at their heads, saw that the gun was a Glock or Sig Sauer handgun with what appeared to be a red-dot sight, and noted that Defendant 2 yelled something indiscernible," according to the complaint.

The alleged victims then called police to report what had happened, according to the complaint. Investigators interviewed Morgan, his supervisor and his partner a day later.

"[Morgan] stated that Victim 1 swerved over in front of him and cut him off. Defendant claimed that he feared for his safety and the safety of others so, in response, he pulled alongside Victim 1's vehicle, rolled down his window, drew his firearm, and yelled 'Police Stop,'" the complaint said.

"[Morgan] stated he was trying to get Victim 1 to 'back up.' Defendant acknowledged that his firearm was a Glock 19 with a laser light, which Defendant had holstered on his right hip at the time of the interview. Defendant stated that after he pulled the gun on Victim 1 and Victim 2 he got in front of their vehicle and drove to the Whipple Building," the complaint further said.

Investigators also said they received cellphone footage from the complainant and reviewed traffic camera footage from the road on which they were traveling.

“The allegations against Gregory Morgan arise from a brief, frightening, and highly stressful roadway encounter that happened in a matter of seconds during congested rush-hour traffic. An encounter that Mr. Morgan did not initiate. It came on the heels of many days of fear that both citizens as well as law enforcement were experiencing during operations in our Twin Cities metro area,” Pacyga said in a statement to ABC News Thursday.

The statement further said that the incident "did not arise from any planned criminal conduct. It developed suddenly during an alarming traffic interaction, initiated by the other driver."

"Law enforcement had been enduring threats to their safety by some members of the community, in neighborhoods and on the roads. This situation presented a perceived danger and Mr. Morgan reacted in real time. These are precisely the kinds of situations where perspective, perception, stress, and split-second decision-making matter,” Pacyga's statement said.

The incident occurred during a contentious period in Minneapolis when the city was the focal point of an immigration enforcement surge and after the killings of Alex Pretti and Renee Good by federal law enforcement. During that time questions arose about whether ICE agents could be prosecuted by state or local authorities.

ABC News' Jack Date and Luke Barr contributed to this story.