Man Shot by ICE Arrested and Charged
Federal officials have arrested Carlos Ivan Mendoza Hernandez, 36, who was shot by US Immigration and Customs Enforcement (ICE) agents, and charged him with assault on a federal officer.
The incident occurred on 7 April in Patterson, a rural town in California’s Central Valley approximately 80 miles southeast of San Francisco. Hernandez was shot multiple times, including in the face, according to his attorney.
Background and Legal Proceedings
Hernandez is the most recent individual to be detained and criminally prosecuted by the US Department of Justice (DoJ) following alleged assaults on immigration officers. In the Los Angeles area, the DoJ has consistently pursued charges against individuals accused of assaulting immigration personnel, despite a series of recent acquittals.
The Department of Homeland Security (DHS) initially accused Hernandez of gang affiliation and being wanted in connection with a murder. However, his attorney has strongly denied these claims, and the DoJ did not reiterate these allegations in its complaint or statements released on Tuesday.
Details of the Incident
Hernandez, who works rehabilitating buildings damaged by fires, was stopped while en route to a job. Dashcam footage from a witness in a nearby vehicle shows Hernandez reversing away from officers as two pointed firearms at him. The vehicle then moved forward and crossed over a median.
The footage, which lacks audio, does not clearly indicate when officers discharged their weapons. Hernandez, through his attorney, maintains that he moved his vehicle only after being shot, attempting to evade gunfire.
A second witness provided dashcam footage last week, which suggests ICE agents fired the first shot before the vehicle moved.
DHS and FBI Statements
In its initial statement, DHS alleged Hernandez "weaponized his vehicle in an attempt to run an officer over," stating that officers "fired defensive shots to protect themselves." The statement did not claim any officers were struck or injured by the vehicle, and the videos do not show the car colliding with agents, although the footage is grainy and partially obstructed.
The federal complaint, filed in court with a single count of "assault on federal officer with dangerous or deadly weapon," states that the vehicle "hit" an officer identified as Agent 1. The complaint does not allege that the officer sustained injuries but asserts Hernandez drove "toward officers in a manner that would have caused serious bodily injury or death had the officers not taken evasive action." Both Agent 1 and another officer, Agent 2, discharged their firearms according to the complaint.
Notably, the FBI has not interviewed either Agent 1 or Agent 2, as stated in the complaint: "The FBI has not been able to interview Agents 1 and 2."
Contrasting Claims on Hernandez's Background
Todd Lyons, ICE’s acting director, claimed last week that ICE was conducting a "targeted stop" to detain Hernandez, describing him as "an 18th Street Gang member wanted in El Salvador for questioning in connection to a murder." These claims were omitted from the DoJ’s statements on Tuesday. The complaint indicated agents were engaged in an operation to "locate and arrest" Hernandez for "immigration violations," and the DoJ’s news release stated he was "illegally present" in the United States.
Patrick Kolasinski, Hernandez’s attorney, highlighted that after a weeklong investigation, the FBI had not interviewed key witnesses, including the alleged victim agent.
Kolasinski acknowledged that Hernandez appeared to be in the US without legal status but strongly disputed the gang affiliation claim, noting the 18th Street gang is associated with Los Angeles, a city with which Hernandez has no connection. He also cited El Salvador court records showing Hernandez was accused of murder there but was acquitted.
“The DoJ press release did not stick to the DHS narrative, which is striking. Maybe the DoJ decided not to overreach,” said Kolasinski. “They know he’s not a gang member, which he is not … ICE did not do their due diligence.”
DHS did not respond to inquiries regarding these claims or why ICE agents were not interviewed by the FBI.
Lauren Horwood, a spokesperson for the US attorney’s office prosecuting Hernandez, declined to confirm whether the DoJ supports DHS’s claims about Hernandez’s record, stating via email:
“The complaint is written to provide sufficient probable cause for the requested warrant. It does not need to include all the information.”When asked if agents were targeting Hernandez due to a murder or gang investigation, she replied:
“They 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.”
Context of DHS Statements and Previous Cases
DHS has faced scrutiny for making false or misleading statements about individuals who have been shot and detained. For example, in a January case in Oregon, DHS described a man shot by a border patrol agent as a "vicious" member of a Venezuelan gang, but court documents later clarified:
“We’re not suggesting … [he] is a gang member.”
Personal Impact and Charges
Hernandez has a two-year-old daughter with his partner, who is a US citizen. He faces up to 20 years in prison.
“She was living a happy life engaged to a wonderful caring family man, who was nearly killed,” Kolasinski said of Hernandez’s partner. “Her life has been turned upside down … her daughter is barely able to sleep because she’s used to daddy putting her to bed.”
