Dozens of anti-ICE protesters won't face state charges for storming Minnesota church service, prosecutor says

Dozens of anti-ICE protesters, including former CNN journalist Don Lemon, will avoid state criminal charges after storming a Minnesota church service in January — a decision church leaders blasted as effectively giving activists a free pass to disrupt religious worship.

St. Paul City Attorney Irene Kao said in a statement Wednesday that her office would not pursue charges, saying the available evidence did not support prosecution under Minnesota law.

"Following a careful evaluation of the video footage, investigative reports, and other available materials, prosecutors determined that the current evidence is insufficient to meet that standard for criminal charges under Minnesota state statutes," the statement said.

Federal prosecutors have already charged 39 people, including Lemon and another independent journalist, with civil rights violations tied to the disruption. The federal cases remain pending.

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The city prosecutor’s decision drew a sharp rebuke from leaders at Cities Church, where demonstrators interrupted worship services on Jan. 18 to protest federal immigration enforcement operations in Minneapolis.

"According to the St. Paul City Attorney’s logic, it is perfectly fine for agitators to invade a mosque, a cathedral, or a temple, intimidate the families and children inside, and shut down their religious gathering. Just call it a ‘protest,’" lead pastor Jonathan Parnell said.

The protest targeted the church after activists learned that one of its pastors also served as an Immigration and Customs Enforcement (ICE) official involved in a major federal enforcement operation in Minnesota. The agitators were heard in videos chanting "Justice for Renee Good," referencing the fatal shooting of the 37-year-old at the hands of federal agents.

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Kao stressed that the decision not to file state charges "should not be interpreted as an endorsement of unlawful behavior or public disorder."

"The right to peacefully protest is protected, as is the right to exercise one’s religious beliefs," she said. "Balancing these equally important rights is paramount to our decision today."

Kao noted that the demonstration did not involve violence, property damage or threats to public safety. Attorneys representing the church argued that the absence of broken windows or vandalism does not mean no laws were broken.

The Associated Press contributed to this report.