Minneapolis ICE shooting: BCA won't have access to case material, FBI will lead investigation

MINNEAPOLIS (FOX 9) - The FBI will lead the investigation into the fatal shooting by an ICE official in Minneapolis, and state officials are barred from helping in the investigation, according to the Minnesota Bureau of Criminal Apprehension (BCA).

The BCA says it was called to help investigate, but federal officials have "reversed course" and now the BCA will no longer have access to case materials. 

An ICE official fatally shot 37-year-old Renee Good on Wednesday morning. Federal officials claim the ICE official acted in self-defense, but local leaders dispute that claim.

READ MORE: Minneapolis ICE shooting: Protesters clash with feds at Whipple Building

FBI will investigate ICE shooting, not Minnesota officials

What we know:

Minnesota Bureau of Criminal Apprehension Superintendent Drew Evans said in a statement that after the BCA consulted with the Hennepin County Attorney’s Office, the U.S. Attorney’s Office and the FBI following the shooting, "it was decided that the BCA Force Investigations Unit would conduct a joint investigation with the FBI" and that the "BCA responded promptly to the scene and began coordinating investigative work in good faith."

However, the FBI informed the BCA later on Wednesday that the U.S. Attorney's Office had changed the plan, and the investigation into the ICE shooting would be handled solely by the FBI. Meanwhile, the BCA would no longer have access to the case materials, scene evidence or "investigative interviews necessary to complete a thorough and independent investigation," Evans said. 

The BCA "has reluctantly withdrawn from the investigation," Evans said.

‘It feels very, very difficult that we will get a fair outcome,’ Walz says

Local perspective:

Minnesota Gov. Tim Walz criticized this decision, noting the BCA has a division built to investigate officer use-of-force incidents.

"It feels very, very difficult that we will get a fair outcome," said Walz. "And I say that only because people in positions of power have already passed judgment, from the president to the vice president to Kristi Noem, have stood and told you things that are verifiable, false, verifiably inaccurate. They have determined the character of a 37-year-old mom that they didn't even know, don't know. They've determined that the actions are done."

The governor also urged Minnesotans to remain peaceful after clashes Thursday morning between protesters and federal authorities at the Whipple Building.

U.S. Sen. Tina Smith told FOX 9 her office is reaching out to the FBI demanding to now why the BCA is no longer going to be involved in the investigation. She thinks the investigation will now "have no credibility in Minnesota and around the country."

DPS Commissioner Bob Jacobson, when asked if the BCA can conduct an independent investigation, said there are so many questions the public has about what happened with this shooting and the goal would be to provide an investigation in tandem with the FBI, but the FBI has shared none of the case reports with them. 

In a statement on Thursday, Hennepin County Attorney Mary Moriarty said, "After the FBI rescinded its cooperation agreement with the Minnesota Bureau of Criminal Apprehension, our office immediately began exploring all options to ensure a state-level investigation can continue.

"If the FBI is the sole investigative agency, the State will not receive the investigative findings, and our community may never learn about its contents.

"We are speaking to our local partners on paths forward that will allow us to review the investigation and be transparent in our decision making."

U.S. Sen. Tina Smith told FOX 9 her office is reaching out to the FBI demanding to know why the BCA is no longer going to be involved in the investigation. She thinks the investigation will now "have no credibility in Minnesota and around the country." 

U.S. Sen. Amy Klobuchar called on the FBI to work with the BCA to "conduct a thorough and transparent investigation of the shooting of Renee Nicole Good by an ICE officer yesterday. This has to be about justice, not politics."

In a statement from the City of Minneapolis, the city said: "The decision to remove the BCA from the ICE fatal shooting investigation is deeply disappointing. We are concerned that the investigation is proceeding without state partners, and we are calling for a clear and transparent process that includes state investigating agencies."

Faith leaders at a news conference on Thursday also called on the FBI to allow the Minnesota BCA to investigate, while calling for ICE to leave Minnesota.

BCA's full statement on FBI investigation

What they're saying:

Here is BCA Superintendent Drew Evans full statement: 

"On Jan. 7, the Minnesota Bureau of Criminal Apprehension (BCA) was notified that U.S. Immigration and Customs Enforcement (ICE) personnel were involved in a shooting in Minneapolis that resulted in a woman’s death. That morning, after consultation with the Hennepin County Attorney’s Office, the U.S. Attorney’s Office and the FBI, it was decided that the BCA Force Investigations Unit would conduct a joint investigation with the FBI. The BCA responded promptly to the scene and began coordinating investigative work in good faith. 

"Later that afternoon, the FBI informed the BCA that the U.S. Attorney’s Office had reversed course: the investigation would now be led solely by the FBI, and the BCA would no longer have access to the case materials, scene evidence or investigative interviews necessary to complete a thorough and independent investigation. 

"Without complete access to the evidence, witnesses and information collected, we cannot meet the investigative standards that Minnesota law and the public demands. As a result, the BCA has reluctantly withdrawn from the investigation. The BCA Force Investigations Unit was designed to ensure consistency, accountability and public confidence, none of which can be achieved without full cooperation and jurisdictional clarity.  

"The BCA Force Investigations Unit was created in 2020 by the legislature to provide an independent, consistent and trusted mechanism for investigating use of force incidents involving law enforcement officers. This unit is the result of years of scrutiny, public engagement and bipartisan legislative action following the Deadly Force Encounters Working Group. Minnesotans made it clear that they expect a transparent and thorough process when a peace officer uses deadly force in our state, and the BCA has earned their trust by delivering on that expectation.  

"We expect the FBI to conduct a thorough and complete investigation and that the full investigative file will be shared with the appropriate prosecutorial authorities at both the state and federal levels. 

"The BCA remains fully committed to our partnerships to build public trust in use of deadly force investigations. If the U.S. Attorney’s Office and the FBI were to reconsider this approach and express a willingness to resume a joint investigation, the BCA is prepared to reengage in support of our shared goal of public safety in Minnesota. "

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