Man shot seven times by ICE agents indicted in alleged assault on federal officers
Man shot by ICE officers says they fired before he moved his vehicle
The man shot by ICE officials Tuesday in Stanislaus County told his attorney that he has never been in a gang, and said he backed away in his car after ICE officials began firing. ICE officials said the officers had fired to protect themselves. An attorney for Carlos Ivan Mendoza Hernandez says his client has had three surgeries and was shot more than a half dozen times.
SACRAMENTO, Calif. - The 36-year-old man shot seven times by ICE officers last month has been indicted on federal charges after prosecutors said he used his car to assault immigration officers in Patterson.
Carlos Ivan Mendoza Hernandez has been charged with two counts of assault on a federal officer with a deadly weapon and one count of willful destruction of government property.
"We’re not going to be commenting in any detail on the facts in the case at this time, as we’re now in open litigation, and it’s time for the judicial process to do its thing," Patrick Kolasinski, Hernandez’s lawyer said in a statement. "We have faith in the court system and believe that, once all the evidence is put before an impartial jury, Carlos will be exonerated. To that end, we look forward to having our day in court."
Traffic stop turned violent
The backstory:
The charges stem from an April 7 incident in which Hernandez — a national of El Salvador living in Stanislaus County, was stopped by three ICE officers and one Customs and Border Patrol officer conducting a targeted operation.
ICE officers have claimed Hernandez was a member of a gang in El Salvador, and wanted to question him in connection to a murder there. The agents reportedly did not specify what murder or how Hernandez was connected to the crime.
Kolasinski, in a news conference, explained that Hernandez was charged and later acquitted of murder in El Salvador in 2019, and shared court documents he said he obtained from El Salvador.
Traffic stop
What they're saying:
Kolasinski said Hernandez later told him he was on his way to work when he saw lights behind him and pulled over. He gave the officers his driver’s license when it was requested, and asked, when told the officers were with ICE and they were going to take him into custody, why he was being detained, and requested to call his wife.
"And the situation spiraled out of hand," Kolasinski said. "He wasn’t doing what they asked for, just stepping out of the vehicle and surrender(ing). He was simply saying he wanted to call his wife and somebody shot at him."
Hernandez and a witness have insisted that ICE officers fired first, before Hernandez reversed his car into an agent's truck, and then made a U-turn into oncoming traffic.
Man shot by ICE in California tells attorney that officers fired first
Attorney Patrick Kolasinski said Carlos Ivan Mendoza Hernandez said ICE officers shot at him before he drove away in Patterson, Calif.
What agents say
The other side:
Prosecutors allege that during the course of the stop, an agent told Hernandez he was being detained and instructed him to step out of his Toyota C-HR. Hernandez reportedly kept the car running and did not comply with the agents’ requests or their orders.
The criminal complaint alleges Hernandez was told to exit the vehicle, and that officers would have to break the windows if he refused, which did end up happening.
Officers drew their guns after breaking the window, the complaint alleges, at which point Hernandez decided to drive off.
Hernandez drove forward and hit an agent with his Toyota, prosecutors allege, then reversed and collided with an agent’s F-150 truck. After striking the vehicle, Hernandez accelerated toward two agents, one of whom had to jump out of the path of the vehicle.
Hernandez jumped the center median and drove against traffic toward the freeway, which can also be seen in a dashcam video that recorded the incident. He then crossed the median and stopped his car on the side of the road.
It was at this point, investigators allege, the agents fired their weapons at Hernandez’s car.
Shots fired
What we know:
Kolasinski said Hernandez was struck seven times, including in the mouth, left arm, left leg, abdomen, and somewhere on his right side. Kolasinski said Hernandez recalled seeing his bones sticking out of his arm when ICE handcuffed him, and he wasn’t given any first aid until an ambulance arrived.
Hernandez underwent four surgeries as a result of the shooting. He was taken into FBI custody on April 13, after being medically cleared.
If convicted of the assault charges, Hernandez faces up to 20 years in prison and a $250,000 fine on each count. If convicted of the destruction charge, he faces up to 10 years in prison and a $250,000 fine.