Modesto, California — The lawyer for a man who was shot by U.S. Immigration and Customs Enforcement agents during his arrest in central California said Wednesday that his client did not try to ram officers with his car, and disputed claims that he had a warrant for his arrest in El Salvador.
The Department of Homeland Security said ICE agents fired defensive shots at Carlos Ivan Mendoza Hernandez after he tried to ram them with a car on Tuesday. The Department of Homeland Security said it was conducting a stop operation targeting Mendoza, 36, in Paterson, a city about 75 miles (120 kilometers) southeast of San Francisco. Officials described him as a suspected gang member wanted in El Salvador for questioning in connection with a murder.
Attorney Patrick Kolasinski, who represents Mendoza and his family, said during a news conference that his client was stopped for minor traffic violations but has no criminal record in the United States and was not the subject of an arrest warrant in El Salvador, where he was acquitted of murder.
Kolasinski said he found no evidence that his client was part of any street gang, but added that he did not have the opportunity to speak with him to confirm that.
“If he is released after his acquittal, without any further arrests, he cannot have a warrant,” Kolasinski said. “So this information must be either false or completely fabricated. Only DHS knows what to look for.”
It is among a series of shootings that occurred during the Trump administration’s aggressive campaign to detain and deport illegal immigrants in which questions have been raised about… Accounts of federal immigration officials.
The Department of Homeland Security did not immediately respond to requests for comment on the lawyer’s statements.
“He’s a good guy. He’s a hard-working person,” said Mendoza’s fiancée, Cindy, who did not give her last name out of fear for her safety due to the interest in his case. She said the Trump administration’s campaign against immigration is hurting families.
Mendoza was recently pulled over for a cracked windshield in another town, she said in Spanish.
Dashcam footage obtained by KCRA-TV shows three officers standing around a car parked on the side of the road. An officer appears to touch the driver’s side window as the car begins to back up and turn, causing a car behind it to collide. At least two agents held weapons, pointing toward the car. Then the driver drives forward towards where the men are standing, turns sharply, and drives his car over the middle of the road.
There is no audio in the video, and it is not clear when the shooting took place or whether the words were spoken.
The lawyer said of his client’s reaction during the arrest: “He is doing everything in his power not to run over them.” He said he believed his client panicked and tried to flee. The Department of Homeland Security said the ICE agents were acting as trainers.
Mendoza’s family and attorney have not been allowed to see him since he was hospitalized, and his condition was unknown Wednesday, Kolanski said. The social worker told them that his condition was stable.
Kolasinski said Mendoza came to the United States in 2019 but said he did not know his legal status nor how he got to the country and hoped to speak with him to get those details. He said federal officials have not said whether Mendoza had been arrested for a crime or whether he was being held by authorities as a victim of the shooting.
Kolasinski said his client works as a fire damage repair worker. He added that he has a two-year-old daughter and is engaged to an American citizen.
Kolasinski said the officers put everyone in danger by opening the car door when Mendoza tried to flee. “This may be an ICE exercise, but if so, it is a horrific exercise,” he said.
The Stanislaus County Sheriff’s Office said they were not involved in the incident, and the FBI is leading the investigation.
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Weber reported from Los Angeles. Associated Press journalist Julie Watson contributed from San Diego.