Federal officials have arrested a California man who was shot by US Immigration and Customs Enforcement (ICE) agents and charged him with \u201cassault\u201d on a federal officer.<\/p>\n
Carlos Ivan Mendoza Hernandez, 36, was shot by ICE officers on 7 April in Patterson, a rural town in California\u2019s central valley roughly 80 miles south-east of San Francisco. He was hit by more than six bullets, including in the face, according to his attorney.<\/p>\n
Hernandez is the latest person to be injured by immigration officers and then criminally prosecuted by the US Department of Justice (DoJ). In the Los Angeles region, the DoJ has consistently failed to win convictions against people accused of assaulting immigration officers, suffering a string of embarrassing dismissals and acquittals in recent months.<\/p>\n
The Department of Homeland Security (DHS) initially accused Hernandez of being a gang member wanted in connection to a murder, but his attorney has strongly denied those claims, and the justice department did not repeat those allegations in its complaint and press release on Tuesday.<\/p>\n
Hernandez, who does work rehabilitating buildings damaged in fires, was pulled over on his way to a job. Dashcam footage of the encounter, from a witness in a nearby car, showed Hernandez reversing away from the officers as two officers pointed firearms at him. The car then drove forward and jumped over a median.<\/p>\n
The footage, with no sound, does not make clear when officers fired shots, but Hernandez, through his attorney, has insisted he moved his vehicle only after he was shot, to flee the bullets.<\/p>\n
A second witness in another car released dashcam footage last week and told reporters that ICE fired its first shot before the car moved.<\/p>\n
In its initial statement, DHS alleged Hernandez \u201cweaponized his vehicle in an attempt to run an officer over\u201d, saying officers \u201cfired defensive shots to protect themselves\u201d. That statement did not include any claims the officers were hit by the car or injured, and the videos do not show the car colliding with agents, though the footage is grainy and partially obstructed.<\/p>\n
In the complaint filed in federal court, for a single count of \u201cassault on federal officer with dangerous or deadly weapon\u201d, an FBI special agent wrote that the vehicle \u201chit\u201d an officer identified as agent 1. The complaint does not allege the officer suffered injuries, saying Hernandez drove \u201ctoward officers in a manner that would have caused serious bodily injury or death had the officers not taken evasive action\u201d.<\/p>\n
Agent 1 and an officer identified as agent 2 both discharged their firearms, according to the complaint. But the complaint is not based on testimony from either officer, the FBI noted, writing: \u201cThe FBI has not been able to interview Agents 1 and 2.\u201d<\/p>\n
Todd Lyons, ICE\u2019s acting director, alleged in a statement last week that ICE was conducting a \u201ctargeted stop\u201d to detain Hernandez, calling him \u201can 18th Street Gang member wanted in El Salvador for questioning in connection to a murder\u201d.<\/p>\n
Those claims were absent from the DoJ\u2019s statements on Tuesday. The complaint said agents were engaged in an operation to \u201clocate and arrest\u201d Hernandez for \u201cimmigration violations\u201d, and DoJ\u2019s news release said he was \u201cillegally present\u201d in the US.<\/p>\n
Patrick Kolasinski, Hernandez\u2019s attorney, said Tuesday it was notable that after a weeklong investigation, the FBI did not speak with the key witnesses, including the agent who is the alleged victim.<\/p>\n
Kolasinski has said Hernandez appeared to be in the US without legal status, but has vehemently disputed the gang claim, noting the 18th Street group is associated with Los Angeles, a city Hernandez has no connection to. He also said El Salvador court records showed Hernandez was accused of murder there, but was acquitted.<\/p>\n
\u201cThe DoJ press release did not stick to the DHS narrative, which is striking. Maybe the DoJ decided not to overreach,\u201d said Kolasinski. \u201cThey know he\u2019s not a gang member, which he is not \u2026 ICE did not do their due diligence.\u201d<\/p>\n
DHS did not respond to inquiries about those claims and why ICE agents were not interviewed by the FBI.<\/p>\n
Lauren Horwood, a spokesperson for the US attorney\u2019s office prosecuting Hernandez, declined to say whether the DoJ stood by DHS\u2019 claims about Hernandez\u2019s record, writing in an email: \u201cThe complaint is written to provide sufficient probable cause for the requested warrant. It does not need to include all the information.\u201d<\/p>\n
Asked if agents were targeting him due to a murder or gang investigation, she responded: \u201cThey were going to arrest him for immigration violations. This investigation is ongoing and I cannot confirm or deny other details that are not part of the public record, which at this point is the criminal complaint.\u201d<\/p>\n
DHS has repeatedly faced scrutiny for making false and unsubstantiated claims about people injured and shot by officers.<\/p>\n
In a case in Oregon in January, DHS said a man shot by a border patrol agent was a \u201cvicious\u201d member of a Venezuelan gang, but a justice department lawyer later directly contradicted DHS, saying in court: \u201cWe\u2019re not suggesting \u2026 [he] is a gang member.\u201d<\/p>\n
Hernandez has a two-year-old daughter with his partner, who is a US citizen. He is facing 20 years in prison.<\/p>\n
\u201cShe was living a happy life engaged to a wonderful caring family man, who was nearly killed,\u201d Kolasinksi said of Hernandez\u2019s partner. \u201cHer life has been turned upside down \u2026 her daughter is barely able to sleep because she\u2019s used to daddy putting her to bed.\u201d<\/p>\n