A person who was shot by ICE agents during a traffic stop, then arrested by the FBI after his release from the hospital, has been indicted by a federal grand jury in California, in accordance with court docket paperwork.
Carlos Ivan Mendoza Hernandez faces two counts of assault on a federal officer with a lethal weapon and one rely of destruction of presidency property, following a traffic stop final month during which federal agents fired at him as he allegedly tried to flee.
An arraignment and standing listening to is scheduled for Monday at 9:30 a.m. earlier than US District Judge Dale A. Drozd, in accordance with court docket information.
ICE identified Mendoza Hernandez as an undocumented immigrant whom the division described as an “18th Street Gang member wanted in El Salvador for questioning in connection to a murder.”
But “from everything we can find, he was not” a gang member, his lawyer, Patrick Kolasinski, stated in a information convention the day after the taking pictures.
“Specifically, Mendoza Hernandez refused to comply with lawful orders from federal officers, operated his vehicle in a manner that damaged a federal vehicle, and drove his vehicle toward officers in a manner that would have caused serious bodily injury or death had the officers not taken evasive action,” the legal grievance stated.
Kolasinski stated his consumer tried to flee the traffic stop solely after he’d been shot at and “was just scared that he was going to die.”
The case has been marked by uncertainty and conflicting narratives.
The federal grievance says agents surveilled Mendoza Hernandez’s residence, adopted him as he left, then pulled him over on the morning of April 7 as a part of an operation to “locate and arrest Mendoza Hernandez because he is an illegal alien with no status in the U.S.”
During the stop, Mendoza Hernandez recognized himself however refused to exit the car regardless of repeated instructions, the grievance stated. After agents broke the entrance passenger window to extract him, Mendoza Hernandez drove ahead, hanging an agent, then quickly reversed right into a federal car parked behind him, inflicting vital injury, in accordance with the grievance.
Mendoza Hernandez then accelerated ahead towards two agents, one among whom was instantly in his path and needed to bounce out of the best way to keep away from being hit, the grievance stated. He then jumped the middle median and drove the mistaken manner towards traffic earlier than colliding with one other car, hanging a guardrail and coming to relaxation about 500 toes from the traffic stop, in accordance with the DOJ.
Dashcam video of the incident reviewed by NCS doesn’t make clear precisely what occurred.
During the incident, two agents discharged their firearms at Mendoza Hernandez, the grievance stated. Agents rendered medical help on the scene, and Mendoza Hernandez was transported to a hospital, the place he underwent three surgical procedures after being shot about six instances, together with within the face, in accordance with Kolasinski.
After receiving medical therapy, Mendoza Hernandez was taken into FBI custody on April 13, the DOJ stated. A choose initially granted a $50,000 bond, however on April 20, the court docket ordered him detained as a flight threat, in accordance with court docket information.
Mendoza Hernandez, 36, is the daddy of a toddler and is engaged to a US citizen. He was on his option to work when he was shot, Kolasinski stated.
Kolasinski stated he had acquired info from El Salvador that his consumer had been accused of homicide there however was acquitted.
An lawyer has been retained in El Salvador to research allegations that Mendoza Hernandez is needed for questioning and “to verify finally, and clearly that there is no such order,” Kolasinski stated.
NCS has requested remark from ICE and the Department of Homeland Security in regards to the allegations that Mendoza Hernandez is a gang member needed in El Salvador.
It was unclear the place Mendoza Hernandez was being held Sunday.
NCS has reached out to the US Attorney’s Office and attorneys listed in court docket information as representing Mendoza Hernandez for remark.