In a significant turn of events, federal prosecutors have filed a motion requesting the dismissal of a felony assault charge against Cristobal Maltos. Maltos, aged 24, had been accused of assaulting a Border Patrol agent with his car during a federal immigration operation in Charlotte. As reported by the Charlotte Observer, the decision to possibly drop the charge comes amidst allegations from Maltos that he was being pursued by agents and acted out of fear for personal safety.
The incident in question occurred on November 17, when, during an operation led by U.S. Border Patrol supervisor Gregory Bovino, Maltos allegedly followed federal agents. According to a criminal complaint by the FBI obtained by Charlotte Observer, the agents then stopped and surrounded his vehicle. The tension escalated, and as agents demanded that he lower his window, Maltos is reported to have struck an officer with his car's side mirror when attempting to promptly flee the scene.
The U.S. Attorney's Office has cited "the interests of justice" as the reason for their motion to dismiss the charges "without prejudice," which leaves open the possibility of re-filing the charges at a later date. This development was detailed in the filings dated last Wednesday, as per the information provided by QC News.
It should be noted that if Maltos' charge is indeed dismissed, his case will be the third such instance where a federal judge has thrown out a felony charge filed in relation to the Department of Homeland Security's operations in Charlotte. In a related case, video evidence contradicted agents' accounts and led to dropped charges against another individual named Miguel Angel Garcia Martinez.
As the situation stands, responses to the motion are due by Wednesday, with a judge set to review the request shortly thereafter. This latest development adds to the ongoing discussion about the tactics and accountability of federal officers during immigration enforcement operations in cities like Charlotte. Further reporting on the outcome will no doubt follow the judge's decision, as captured by WSOCTV.
