Man shot by ICE in California moved 'suddenly' to new jail: attorney

Dashcam shows ICE shooting, car reversing

Dashcam footage, provided by a driver named Christina, shows ICE officers surrounding the vehicle with their weapons drawn. The vehicle reverses and crashes its side door into a truck. An officer then holds his pistol at the window of the vehicle as it zips forward into a median and moves onto the opposite side of the divided highway. Via Storyful 

PATTERSON, Calif. - The man shot by ICE officers in California, and then charged with federal assault, has been "suddenly and unexpectedly" moved to a new jail, more than two hours away from his home, his attorney said Thursday. 

Moved to new jail 

What they're saying:

According to attorney Patrick Kolasinski, 36-year-old Carlos Ivan Mendoza Hernandez was moved from Yuba County Jail to Nevada City, which makes it harder for his fiancé, Cindy, who lives in Patterson, Calif., and his federal public defender, to meet with him.

Cindy will be speaking at 2:30 p.m.

Hernandez has a court date Monday in Sacramento's Eastern District Court of Northern California to hear if a judge will release him on a $50,000 bond after the Department of Justice this week charged him with assaulting an officer on April 7, when he was seen on dashcam video, reversing and then driving off on I-5 to evade ICE officers.

Federal assault on officer 

The other side:

In a criminal complaint written by an FBI agent, three ICE officers and one CPB officer had followed Hernandez from his home to arrest him for being in the country illegally. 

According to the officers, they had asked Hernandez repeatedly to get out of the car, and then broke windows to his Toyota to get him to comply. 

Through his attorney, Hernandez said he drove away because ICE officers fired first at him, and he was taking off out of fear. At least one witness corroborated Hernandez's story, and told the FBI that this week. 

When Hernandez was driving away, his Toyota struck an agent, the FBI complaint states, which is where the charge stems from. 

Ultimately, Hernandez was shot seven times, including in the face, and has undergone four surgeries. He has been moved to at least three jails this week. 

He has been in the custody of the US Marshals, though Kolasinki also said there is an ICE hold on Hernandez as well. 

Hernandez does not have legal status in the United States, and is a dual citizen of El Salvador and Mexico, his attorney said.