Carlos Ivan Mendoza Hernandez was arrested and charged with assault on a federal officer after ICE agents shot him multiple times in Patterson, California, on April 7. The 36-year-old construction worker, who rehabilitates fire-damaged buildings, was hit by more than six bullets, including in the face, according to his attorney.
The shooting unfolded during what federal agents described as an immigration enforcement operation. Dashcam video from a witness shows Hernandez's vehicle reversing away from officers who had firearms drawn, then moving forward and jumping over a median. A second witness with dashcam footage told reporters that ICE fired the first shot before the vehicle moved.
The federal complaint alleges that Hernandez's vehicle "hit" an officer, charging him with assault with a dangerous or deadly weapon. But the complaint contains no claim that any officer was actually injured. The FBI stated in the filing that it has not been able to interview the two agents involved, including the one identified as the alleged victim.
Hernandez's attorney, Patrick Kolasinski, highlighted the gap: "After a weeklong investigation, the FBI did not speak with the key witnesses, including the agent who is the alleged victim."
The shifting narrative from federal authorities raises concerns about the consistency of their account. Initially, the Department of Homeland Security alleged that Hernandez was an 18th Street Gang member wanted in El Salvador for questioning in connection to a murder. DHS acting director Todd Lyons made these claims in a public statement.
Those allegations vanished when the Department of Justice filed its case. The complaint stated only that agents were conducting an operation to "locate and arrest" Hernandez for immigration violations. The DOJ's news release described him simply as "illegally present" in the US and made no mention of gang affiliation or murder charges.
When asked whether the DOJ stood by DHS's gang and murder claims, a spokesperson for the US attorney's office prosecuting the case replied: "The complaint is written to provide sufficient probable cause for the requested warrant. It does not need to include all the information." The office declined to clarify what Hernandez was actually being targeted for.
Kolasinski disputed the gang allegations entirely. He noted that the 18th Street group operates in Los Angeles, where Hernandez has no connection. Court records from El Salvador show that while Hernandez was accused of murder there, he was acquitted.
"The DoJ press release did not stick to the DHS narrative, which is striking," Kolasinski said. "Maybe the DoJ decided not to overreach. They know he's not a gang member."
DHS did not respond to questions about why its initial claims were dropped or why ICE agents were not interviewed by the FBI.
The case reflects a broader pattern. In the Los Angeles region, the DOJ has consistently failed to secure convictions against people accused of assaulting immigration officers, suffering a string of dismissals and acquittals in recent months. The case also echoes a January incident in Oregon, where DHS claimed a man shot by border patrol agents was a "vicious" member of a Venezuelan gang, only to have a DOJ lawyer later contradict that characterization in court, stating: "We're not suggesting [he] is a gang member."
Hernandez faces up to 20 years in prison. He has a two-year-old daughter with his partner, who is a US citizen. "Her life has been turned upside down," Kolasinski said. "Her daughter is barely able to sleep because she's used to daddy putting her to bed."
Author James Rodriguez: "When federal agencies can't keep their stories straight within days of a shooting, and the prosecuting office won't explain what the actual investigation is about, something is seriously broken in how these cases are being handled."
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