FBI arrests California man shot by ICE on ‘assault’ charges | ICE (US Immigration and Customs Enforcement)

Federal authorities have arrested a California man who was shot by U.S. Immigration and Customs Enforcement (ICE) agents and charged him with “assault” on a federal officer.

Carlos Ivan Mendoza Hernandez, 36, was shot by ICE officers on April 7 in Patterson, a rural town about 80 miles southeast of San Francisco in California’s central valley. According to his lawyer, he was shot more than six times, including in the face.

Hernandez became the latest person to be injured by immigration officers and subsequently face criminal prosecution by the U.S. Department of Justice (DoJ). In the Los Angeles area, the Justice Department has consistently failed to obtain convictions against people accused attacking immigration officers, facing a series of shameful dismissals and acquittals in recent months.

The Department of Homeland Security (DHS) initially accused Hernandez of being a gang member wanted in connection with a murder, but his attorney vehemently denied those allegations and the justice department did not repeat those allegations in its complaint and Press release on Tuesday.

Hernandez, who was working in the rehabilitation of fire-damaged buildings, was pulled over on his way to work. dash cam images An eyewitness in a nearby car showed Hernandez walking away from officers as two officers pointed firearms at him. The car then went forward and jumped over the median.

It is not clear in the silent footage when the officers opened fire, but Hernandez insisted through his lawyer that he only moved his vehicle to escape bullets after he was shot.

A second witness in another car released dashcam footage last week and he told reporters ICE fired the first shot before the car took off.

In its initial statement, DHS claimed that Hernandez “armed his vehicle with the intention of running over a police officer” and said the officers “fired defensive fire to protect themselves.” That statement did not include any claims that officers were hit or injured by the car, and although the footage was grainy and partially blocked, the videos do not show the car colliding with the agents.

In the complaint filed in federal court, for a single count of “assault on a federal officer with a dangerous or deadly weapon,” an FBI special agent wrote that the vehicle “striked” an officer identified as agent 1. The complaint does not allege that the officer was injured, saying that Hernandez “was driving at the officers in a manner that would have caused serious bodily injury or death if the officers had not taken evasive action.”

An officer identified as Agent 1 and Agent 2 discharged their firearms, according to the complaint. However, the FBI stated that the complaint was not based on the testimony of either officer, writing: “The FBI was unable to interview Agents 1 and 2.”

ICE’s acting director, Todd Lyons, claimed in a statement last week that ICE conducted a “targeted stop” to arrest Hernandez, describing him as “an 18th Street Gang member wanted in El Salvador for questioning in connection with a murder.”

These allegations were not included in the Justice Department’s statements on Tuesday. The complaint said agents conducted an operation to “locate and arrest” Hernandez for “immigration violations,” and the Justice Department’s press release noted that he was “illegally present” in the United States.

Hernandez’s attorney, Patrick Kolasinski, said Tuesday that it was notable that after a week-long investigation, the FBI did not speak to key witnesses, including the agent who was the alleged victim.

Kolasinski said Hernandez did not have legal status in the United States but strongly disputed the gang’s claim, noting that the 18th Street group was associated with Los Angeles, a city to which Hernandez had no ties. He also said El Salvador court records show that Hernandez was charged with murder there but was acquitted.

“The DOJ press release did not stick to DHS’s narrative, which is striking. Perhaps the DOJ has decided not to overdo it,” Kolasinski said. “They know he’s not a gang member, which he isn’t… ICE didn’t do their due diligence.”

DHS did not respond to questions about these allegations and why ICE agents were not questioned by the FBI.

Lauren Horwood, a spokeswoman for the U.S. attorney’s office prosecuting Hernandez, declined to say whether the DoJ stands by DHS’s claims regarding Hernandez’s recording, writing in an email: “The complaint was written to provide sufficient probable cause for the requested arrest warrant. It does not need to contain all the information.”

Asked if agents were targeting him for a murder or gang investigation, he responded: “They were going to arrest him for immigration violations. This investigation is ongoing and I cannot confirm or deny other details that are not in the public record, which are currently criminal charges.”

DHS has repeatedly faced scrutiny for making false and unsubstantiated claims about people injured and shot by officers.

In a January case in Oregon, DHS said a man shot by a Border Patrol agent was a “bad” member of a Venezuelan gang, but a justice department attorney later directly challenged DHS and told the court: “We are not suggesting… [he] He is a gang member.”

Hernandez has a two-year-old daughter with his US citizen partner. He faces 20 years in prison.

“She was living a happy life, engaged to a wonderfully caring family man who was almost murdered,” Kolasinksi said of Hernandez’s partner. “Her life has been turned upside down…her daughter can barely sleep because she is used to her father tucking her into bed.”