Federal grand jury indicts man shot by ICE agents during California traffic stop

By Chris Boyette, CNN

(CNN) — A man 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, according to court documents.

Carlos Ivan Mendoza Hernandez faces two counts of assault on a federal officer with a deadly weapon and one count of destruction of government property, following a traffic stop last month in which federal agents fired at him as he allegedly tried to flee.

An arraignment and status hearing is scheduled for Monday at 9:30 a.m. in Sacramento before US District Judge Dale A. Drozd, according to court records.

Attorneys for Mendoza Hernandez said they will enter a not guilty plea.

ICE identified Mendoza Hernandez as an undocumented immigrant whom the department 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 attorney, Patrick Kolasinski, said in a news conference the day after the shooting.

“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 criminal complaint said.

Kolasinski said his client attempted to flee the traffic stop only after he had 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 complaint says agents surveilled Mendoza Hernandez’s home, followed him as he left, then pulled him over on the morning of April 7 as 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, near Interstate 5 in Patterson, about 90 miles southeast of Sacramento, Mendoza Hernandez identified himself but refused to exit the vehicle despite repeated commands, the complaint said. After agents broke the front passenger window to extract him, Mendoza Hernandez drove forward, striking an agent, then rapidly reversed into a federal vehicle parked behind him, causing significant damage, according to the complaint.

Mendoza Hernandez then accelerated forward toward two agents, one of whom was directly in his path and had to jump out of the way to avoid being hit, the complaint said. He then jumped the center median and drove the wrong way against traffic before colliding with another vehicle, striking a guardrail and coming to rest about 500 feet from the traffic stop, according to the DOJ.

Dashcam video of the incident reviewed by CNN doesn’t clarify exactly what happened.

Mendoza Hernandez denies he “intentionally struck or tried to strike anyone with his car,” said attorney Heather Williams of the Federal Defender’s Office, Eastern District of California.

During the incident, two agents discharged their firearms at Mendoza Hernandez, the complaint said. Agents rendered medical aid at the scene, and Mendoza Hernandez was transported to a hospital, where he underwent three surgeries after being shot about six times, including in the face, according to Kolasinski.

After receiving medical treatment, Mendoza Hernandez was taken into FBI custody on April 13, the DOJ said. A judge initially granted a $50,000 bond, but on April 20, the court ordered him detained as a flight risk, according to court records.

Mendoza Hernandez, 36, is the father of a toddler and is engaged to a US citizen. He was on his way to work when he was shot, Kolasinski said.

Kolasinski said he had received information from El Salvador that his client had been accused of murder there but was acquitted.

An attorney has been retained in El Salvador to investigate allegations that Mendoza Hernandez is wanted for questioning and “to verify finally, and clearly that there is no such order,” Kolasinski said.

DHS stands by the allegations, telling CNN, “We are confident in our law enforcement’s intelligence, and we aren’t going to share intelligence reports and undermine national security every time a gang member denies he is one.”

Mendoza Hernandez remains in the custody of the US Marshals Service at a privately operated prison in the Eastern District, according to Williams.

“His recovery from the multiple bullet wounds is challenged as he is far from the original doctors who treated him after the ICE shootings and limited by what medical care the US Marshals approve and pay for,” Williams said.

CNN has reached out to the US Attorney’s Office and the US Marshals Service for comment.

“Carlos tries to keep his spirits up despite being far from his family, who remain supportive,” Williams said. He is “recovering from multiple gunshot wounds and facing the government’s accusations.”

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CNN’s Lauren Mascarenhas, Danya Gainor and Taylor Galgano contributed to this report.