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Cook County Drops Felony Charge Against DePaul Student Accused of Spitting on ICE Agent

The decision signals prosecutorial caution in a tense fight over immigration enforcement at Chicago’s airports.

Overview

  • Eileen O’Neill Burke, Cook County’s state’s attorney, personally reviewed the case and ordered prosecutors to dismiss it, her office said.
  • Chicago police had charged 20-year-old Brett Heier with aggravated battery to a peace officer after an ICE agent reported being spat on at O’Hare’s Terminal 2.
  • An ICE agent and a second agency official identified Heier through a photo lineup used by investigators.
  • Police arrested Heier at his Lincoln Park apartment, and a judge released him at his first court appearance as the case initially moved forward.
  • Heier’s lawyer said any spit may have only hit the agent’s shoe and could have been unintentional, noting Heier was on medication for a dental infection, while the episode unfolded during a DHS funding shutdown that brought ICE staff to airports and as the agency reports sharp rises in assaults and threats against its personnel.