A judge found probable cause Tuesday for prosecutors to pursue federal charges against eight people arrested in connection with a nonfatal July 4 shooting outside an Alvarado immigration detention facility.
Fourteen of the 17 people arrested for their alleged involvement in the shooting appeared in federal court in Fort Worth last week for the first time on their federal charges. Among those, eight appeared again Tuesday for preliminary hearings: Benjamin Song, Maricela Rueda, Elizabeth Soto, Ines Soto, Autumn Hill, Nathan Baumann, Meagan Morris and Zachary Evetts.
Those arrested the night of the shooting face federal charges of attempted murder of a federal officer and discharging a firearm during a crime of violence. They also face state charges of terrorism and aggravated assault with a deadly weapon against a peace officer.
FBI Special Agent Clark Wiethorn was the state's sole witness during the hearing. He testified the shooting — which he called a "coordinated attack" — was planned days in advance, and the defendants intended to do more than protest and make noise. He pointed to their group chats on the encrypted messaging app Signal as well as weapons, gunshot residue, tactical gear and anti-government posters allegedly made by some defendants as evidence.
Court documents in July alleged about a dozen people dressed in all black shot fireworks towards the U.S. Immigrations and Customs Enforcement Prairieland Detention Center before correctional officers inside called 911.
When Alvarado Police Lt. Thomas Gross arrived at the scene minutes later, several people began to flee on foot and ignore verbal commands, according to the most recent criminal complaint. Prosecutors showed Gross' body camera footage in court, alleging Song was the person who could be heard saying, "get to the rifles" as Gross shouted at them to stop.
A person in the woods wearing a green mask then opened fire, hitting Gross in the neck, according to court records. Gross fired three rounds in response, Wiethorn said, and the officer is now back on duty.
An original complaint initially stated there were two shooters that night and 20-30 shots fired. But a recent complaint obtained by KERA News states “new evidence” shows there was just one shooter, and 11 shell casings were recovered from the scene.
Wiethorn said while investigators initially believed there were two shooters, a review of the crime scene showed the shots had come from one place, leading to the conclusion that there was only one shooter.
A Johnson County Sheriff’s Office detective pulled Morris over a few minutes after shots were fired that night. Court documents allege Morris had with her a black pistol, a loaded magazine, a two-way radio and an AR-15. There were also bulletproof vests and a ballistics helmet in her vehicle.
Those arrested held antifascist beliefs and aligned with a mix of left-wing anarchist and socialist groups, including the Emma Goldman Book Club and the Socialist Rifle Association, Wiethorn testified. While their specific belief systems differ, prosecutor Shawn Smith characterized the groups as generally anti-police, anti-President Donald Trump and anti-ICE. He said the defendants all shared responsibility for the planning of the incident.
"All in the support of an attack on this facility where they truly believe these aliens are political prisoners," Smith said.
Wiethorn called Song the “ringleader” of the incident and said he’s the person who fired shots that night. Authorities found Song's DNA on the green mask, he said, and multiple unnamed cooperating defendants made statements that he took a leadership role.
“Song was admired by many people from this group, and they looked to him for leadership,” Wiethorn said.
Song, a former Marine reservist, was on the run from the FBI for a week after the shooting before he was captured July 15. Court documents also claimed at least four of the firearms found that night were registered to Song.
Wiethorn said Song told other members he wasn't going to jail. Smith read a Signal message from Song where he allegedly told a group chat that cops aren't trained to deal with more than one rifle, so coming with multiple would make them "back off."
Police also reported they found firearms, magazines with ammunition, twelve sets of body armor and flyers that said, "fight ICE terror with class war” and “free all political prisoners."
The FBI claimed Tuesday Ines and Elizabeth Soto’s home had a printing press to produce zines and other literature. Ines Soto sent several messages in Signal group chats encouraging more disruptive forms of protest, Wiethorn said, and allegedly brought first aid kits meant to help with gunshot wounds and other traumatic injuries.
Morris' house in Dallas was treated as a "commune" where staging, organizing and pre-attack planning occurred, Wiethorn said. She disputed this in an interview with KERA News, saying the group only met at her house to carpool.
Court documents previously claimed some individuals carried cans of spray paint and wrote “ICE Pig” and “traitor” on cars in the parking lot. Baumann and Evetts were responsible for the spray painting and damage found, Wiethorn said. He testified the red Mazda spray painted with the word "traitor" was not Evetts' car.
Multiple people arrested that night, including Rueda and Morris, previously told KERA News there were no plans for a shooting that night.
In court Tuesday, defense attorneys shifted the blame toward Song. They argued the other defendants were exercising their right to protest and defend themselves against potential law enforcement action.
An attorney for Hill — who was arrested the day after the incident — said no evidence showed she had communicated with Song, encouraged the shooting or was there when the shots were fired.
One of Baumann's attorneys said his client was more than willing to talk after police told him he could be charged with attempted murder.
Song's attorney Phillip Hayes said the people in court Tuesday were there because they cared about the detainees inside Prairieland.
"They didn't intend to kill or intend to harm," Hayes said. "They knew in their mind they might get harmed by law enforcement."
Evetts was arrested by another local police department while walking on the side of the road. His request to be let out of jail while he awaits trial is under consideration, but he still has a bond set for his state charges.
The hearing comes less than a week after a fatal shooting at the ICE field office in Dallas, in which two detainees were killed before the suspect turned the gun on himself.
The courtroom had a heightened security presence Tuesday. Fort Worth police and U.S. Department of Homeland Security vehicles lined the street outside the courthouse, and at least one sniper stood on a rooftop near the court building.
Of the 14 people who appeared in court last week, six have since been moved to Wichita County Jail: Savanna Batten, Joy Gibson, Maricela Rueda, Lynette Sharp, Elizabeth Soto and Rebecca Morgan, jail records show.
Eight were moved to FMC Fort Worth — Autumn Hill, Nathan Baumann, Zachary Evetts, Meagan Morris, Benjamin Song, John Phillip Thomas, Ines Soto and Seth Sikes — according to jail records. They were all initially being held at the Johnson County Jail.
Penelope Rivera is KERA's breaking news reporter, and Toluwani Osibamowo is KERA’s law and justice reporter. Got a tip? Email Penelope at privera@kera.org or Toluwani at tosibamowo@kera.org.
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