Prosecutors, defense lawyers give opening statements in trial over alleged attack on ICE facility in North Texas

"Get to the rifles." That's the quote the prosecution began with in its opening statement Tuesday in the trial of nine defendants accused in an alleged attack on law enforcement at an ICE detention facility in North Texas.

Federal prosecutors accuse the group of being an "antifa cell" that went to the Prairieland Detention Center in Johnson County last July with plans for a violent attack on ICE officers. An Alvarado police officer was shot in the neck and injured, authorities said.

Alvarado officer shot after responding to ICE facility takes the stand

Alvarado police Lt. Thomas Gross, shot last year after responding to the immigration detention center, took the stand in federal court Tuesday afternoon.

Gross said he was called to the scene the night of July 4th, unsure what was going on. He testified that when he was first dispatched to Prairieland that night, he was given no details of the call, but recalled hearing someone on the radio saying, "they're trying to get in." He testified he arrived at the Prairieland Center to find graffiti and someone in black running away. 

Dash camera footage of his arrival showed a black-clad figure sprinting near the guard shack at the front of the property with a corrections officer giving chase.   

Prosecutors then played Gross's body camera video. In the video, Gross can be seen opening the door of his cruiser and yelling, "Stop!" as he gets out. He is then heard yelling "drop it," just before the gunfire begins. 

Gross told jurors he got out of the car to help chase the first figure when he noticed another similarly dressed person holding a gun to his left. After he was shot, he managed to get back up and return fire. Another first responder arrived on the scene and helped get medical attention for Gross, who was eventually flown to Harris Methodist in Fort Worth. 

The bullet went through his shoulder and out the back of his neck. It missed his spine and the wound, which he said still causes him discomfort, ended up being able to be treated with stitches.

Six defense attorneys took turns cross-examining Gross on a variety of issues, from his memory of the weather that night to his choice to pull his weapon. Gross admitted that he did not know if the person he saw running had committed a crime at that point. He also said he did not hear or see fireworks going off at the detention center.

The government's next witness was Cindy Harp, a contract corrections officer who was working at Prairieland the night of the shooting. Harp told jurors that when she came outside, she could hear several people but couldn't see them in the darkness of the trees along the property. Harp recalled hearing shouts in English and Spanish, with one voice directed towards her. She says the person mocked Harp, telling her she should be proud of herself for working at such a facility. Harp told jurors she warned the group that they were on private property and needed to leave.

She recalled suddenly hearing loud noises in the parking lot at the front of the facility. Surveillance videos from that evening showed Harp and another corrections officer rushing towards the sound as police lights are seen approaching. Harp tearfully recounted the shooting of Gross, saying as soon as she heard the shots and his groans, she threw herself to the ground in an effort to shield herself from gunfire. 

Five defense attorneys cross-examined Harp. One pointed out slight variations between her interview that night and a subsequent interview with prosecutors in September, including whether she saw the officer pull his weapon, and the kind of firearm she said the gunman held.

Defendants face a range of federal charges

The government spent 30 minutes laying out its case against Benjamin Song, who is accused of shooting the police officer, and the other eight defendants. 

"They weren't there to protest ICE, " prosecutor Shawn Smith told the jury. "They were there to make a statement."

The nine defendants face a range of federal charges, including attempted murder of a federal officer, while five others have already pleaded guilty.

The defendants and their supporters have said the incident was not a terrorist attack but began as a "noise demonstration in solidarity with detainees." They have also claimed prosecutors have not provided any hospital records to confirm the extent of the officer's injuries.

Attorneys for eight of the nine defendants gave their own opening statements on Tuesday, denying that their clients participated in any violence or knew in advance about any planned violence. One attorney said his client didn't attend the actual protest, another said his client never left her van, and others said their clients left before the shooting occurred.

While all the defendants are on trial together, the jury must decide each defendant's guilt or innocence on each charge individually.

The only attorney who did not make an opening statement was the lawyer representing Benjamin Song, opting to reserve the time allotted for later in the trial. Song faces 10 charges, including attempted murder of federal officers and providing material support to terrorism. Prosecutors say purchased some of the weapons used in the attack. 

Courtroom spectator rules tighten  

Rules for spectators in the courtroom grew increasingly strict as the day continued, with U.S. marshals repeatedly warning against making any facial expressions or hand gestures. 

At one point, the father of a defendant was quietly removed from the courtroom during testimony. He later told reporters the marshals would not tell him why he was forced to leave, just that they had received a complaint about him. Original court rules mandated that anyone who left during proceedings would have to wait until the next break to re-enter the courtroom, but by the afternoon, marshals said no one could leave once testimony began.

There was also an uncomfortable moment in the morning when a marshal unexpectedly forced one-third of the people in the courtroom out of their seats, loudly claiming the space was reserved for law enforcement. Several people, including family members of the defendants, were left without a place to sit. After Judge Mark Pittman entered the courtroom, he remarked on the open spaces in the gallery, saying there was plenty of seating for anyone who wanted to come observe. After a defense attorney informed him of the marshal's actions, Pittman simply said he would defer to his court security team.