Carlos Ivan Mendoza Hernandez’s attorney said on Wednesday that Mendoza did not attempt to run U.S. Immigration and Customs Enforcement agents over during an arrest in central California, disputing the federal account that DHS provided after the shooting. The confrontation occurred Tuesday in Patterson, about 75 miles (120 kilometers) southeast of San Francisco, during what DHS described as an enforcement stop targeting Mendoza, a 36-year-old.
DHS said ICE agents fired defensive shots after Mendoza tried to drive into them. Kolasinski, speaking at a news conference, said his client has been stopped previously for minor traffic infractions and does not have a criminal record in the United States.
Kolasinski also contested federal claims that Mendoza has an arrest warrant in El Salvador. He said Mendoza was acquitted of murder there and ordered immediately released, pointing to a Oct. 25, 2019 court document from a judge in El Salvador that he said lists Mendoza among people ordered released after the case outcome.
“In El Salvador, the court document is what it is,” Kolasinski said during the news conference, arguing that if Mendoza was released after an acquittal with no other holds, he could not have a warrant. Kolasinski added that only DHS would know what officials were relying on for their claim.
Kolasinski said he had found no evidence that Mendoza was part of a street gang, but acknowledged he had not had the chance to speak with Mendoza in person to confirm details. DHS described Mendoza as a suspected gang member wanted in El Salvador for questioning related to a murder.
The shooting incident is one of multiple enforcement-stop shootings that have prompted questions about how federal immigration officials describe events, according to the AP report. DHS did not immediately respond to requests for comment about the lawyer’s statements.
Dashcam footage obtained by KCRA-TV shows three officers standing around a vehicle stopped on the side of a road, AP reported. The video shows one of the officers appearing to touch the driver-side window as the car begins to back up and turn, hitting a vehicle behind it, while at least two of the agents have weapons drawn pointing at the car, before the driver pulls forward and drives over the roadway median; the footage has no sound and it remains unclear when shots were fired or whether words were said.
“He is doing everything he can to not run them over,” Kolasinski said of Mendoza’s reaction during the arrest, saying he believes Mendoza panicked and tried to flee. The attorney also said opening the car door endangered everyone, adding, “That may well be ICE training, but if it is it’s horrible training.”
Mendoza’s fiancée, Cindy, told reporters Wednesday that she was able to speak with him and learned he was going into surgery and was stable. She said the case has drawn attention that has made her fear for her safety, and she did not provide her last name. In Spanish, Cindy said Mendoza had been stopped recently in another town for a cracked windshield.
The Stanislaus County Sheriff’s Office said it was not involved in the incident, and AP reported that the FBI is leading the investigation.