FBI Special Agent Tracee Mergen has resigned from the Federal Bureau of Investigation, a development that follows her attempt to initiate a federal civil rights investigation into a fatal shooting by an Immigration and Customs Enforcement (ICE) agent in Minneapolis in February 2020. Mergen's resignation comes after she reportedly faced internal obstacles and alleged retaliation for pursuing the probe into the death of motorist Chofun Gwin.

The incident at the center of Mergen's efforts occurred on February 19, 2020, on the I-35W freeway near the ICE field office in Minneapolis. During this event, Special Agent Clifford Guldberg of ICE's Homeland Security Investigations (HSI) fatally shot 34-year-old Chofun Gwin. Guldberg maintained that Gwin pointed a gun at him, leading him to fire in self-defense. Following local investigations by the Hennepin County Attorney's Office and the Minneapolis Police Department, Guldberg was cleared of wrongdoing, with authorities concluding the shooting was justified.

Mergen, who was assigned to public corruption and civil rights investigations within the FBI's Minneapolis field office, sought to open a federal civil rights investigation into Gwin's death. She reportedly expressed concerns about the thoroughness of the local investigation and alleged a potential conflict of interest within the Minneapolis FBI field office due to its relationship with HSI.

Her request to proceed with a federal investigation was denied by supervisory agents, including Minneapolis Special Agent in Charge Michael Paul and Assistant Special Agent in Charge Justin Tolomeo. Dissatisfied with this decision, Mergen escalated her concerns to the FBI's Public Integrity Section at FBI headquarters in Washington D.C. She reportedly alleged "obstruction" and a "cover-up" surrounding the Minneapolis case, citing specific irregularities she identified in the initial local probe.

According to Mergen's accounts, these alleged irregularities included:

  • Failure to interview key witnesses.
  • Lack of forensic analysis of crucial evidence, such as cell phone data and dash camera footage from ICE agents present at the scene.
  • Concerns regarding the process by which the local investigation concluded the shooting was justified.

Following her persistent attempts to pursue the federal investigation, Mergen claims she faced internal retaliation within the FBI. She was reportedly stripped of her squad car, badge, and service weapon and was subsequently transferred to the document destruction unit. In response to these actions, Mergen filed a whistleblower complaint in June 2021. The Justice Department's inspector general is currently reviewing this complaint.

Mergen's resignation and the circumstances surrounding it highlight ongoing discussions regarding accountability and oversight when federal agents are involved in fatal incidents. The lack of a federal civil rights investigation into the shooting death of Chofun Gwin by a federal agent, alongside the subsequent internal actions against Mergen, continues to draw scrutiny. The outcome of the Justice Department's inspector general review of Mergen's whistleblower complaint is anticipated as the situation develops.