A jury trial has been scheduled for Sept. 15 in U.S. District Court in Bismarck for Aderoluwa Timothy Ademiluyi, 24, a Nigerian citizen who is accused of biting Immigration and Customs Enforcement Deportation Officer Chad Fischer while resisting arrest on Feb. 25 in downtown Minot.

According to a sworn affidavit filed with the court by Homeland Security Investigations Special Agent Darrik Trudell, Ademiluyi had been admitted to the United States on a student visa and had overstayed his visa. In May 2019 officers tried to make contact with him at his home but they were not allowed to enter his residence. Later that month, arrangements were made with Ademiluyi’s immigration attorney for Ademiluyi to turn himself in and rectify his immigration status. Ademiluyi did not turn himself in or contact authorities. He was moving from his known address and did not leave a forwarding address.

On Feb. 6 ICE had staked out a residence at 119 South Main Street and were trying to locate another individual when the saw Ademiluyi’s vehicle parked outside the apartment building at 119 South Main Street and confirmed the vehicle was registered to him. On Feb. 25, Fischer was conducting surveillance outside the building again and spotted Ademiluyi standing in front of a Pontiac outside the residence. Fischer called for backup. Fischer, who was wearing his ICE badge around his neck, approached Ademiluyi and identified himself. Ademiluyi acknowledged his identity. Fischer informed him he was under arrest for the immigration violation and told him to put his hands behind his back. Ademiluyi refused to comply. Fischer then tried to grab one of Ademiluyi’s arms before he could run and both Fischer and Trudell told Ademiluyi not to run. Ademiluyi then tried to run and both officers grabbed him and took him to the ground, where Ademiluyi continued to resist while they tried to handcuff him. Meanwhile, Ademiluyi’s wife and a large crowd of bystanders had gathered in response to the commotion. Ademiluyi yelled loudly that he was in the United States legally and that the officers were violating his civil rights. Fischer called the Minot Police Department for assistance with crowd control and to help gain control of Ademiluyi.

Ademiluyi bit Fischer on the left forearm while resisting arrest while Fischer tried to push his face away. Ademiluyi bit Fischer a second time while Fischer was trying to get control of him.

Fischer told the bystanders and ADemiluyi’s wife that he was a federal officer and ordered them to stay back. Minot Police officers then arrived on the scene. Ademiluyi started to comply and was handcuffed and taken into custody.

Fischer, who sustained multiple bites on his arm, also skinned and cut his knees. He was checked out at a clinic in Minot.

A federal grand jury indicted Ademiluyi on a charge of assaulting and resisting a federal officer.

Ademiluyi has been held in custody at the Ward County Jail in Minot since the incident.