ICE Shooting Victim's Attorney Challenges Gang Allegations and Arrest Justification
An attorney representing a man shot by U.S. Immigration and Customs Enforcement agents during an arrest in central California has stated that his client is recovering after three surgeries for multiple gunshot wounds and firmly denies being a gang member. Attorney Patrick Kolasinski revealed these details on Thursday, highlighting ongoing concerns about the incident.
Questions Raised Over Enforcement Action
Kolasinski reported that federal prosecutors have informed him Carlos Ivan Mendoza Hernandez is not under arrest, raising significant questions about why he was targeted in an enforcement operation. According to ICE's online detainee locator, no one under that name from El Salvador is currently in detention. The U.S. Department of Homeland Security has not responded to inquiries regarding Kolasinski's statements.
This Tuesday encounter adds to a series of shootings during the Trump administration's aggressive push to detain and deport immigrants residing in the country illegally, with federal immigration officials facing scrutiny over such incidents.
Conflicting Accounts of the Incident
DHS has asserted that ICE agents fired defensive shots at Mendoza when he attempted to drive into them after being pulled over in Patterson, a city approximately 75 miles southeast of San Francisco. Officials described him as a 36-year-old suspected gang member wanted in El Salvador for questioning in connection to a murder.
However, Kolasinski countered that Mendoza was having difficulty speaking due to a jaw gunshot wound but insisted he was never a gang member. The attorney noted his client has been stopped for minor traffic infractions but possesses no criminal record in the U.S. and is not subject to an arrest warrant in El Salvador, where he was previously acquitted of murder.
Investigation and Legal Background
Kolasinski confirmed the FBI is leading the investigation into the shooting, with ICE not currently involved in Mendoza's case. The Department of Justice referred inquiries to the FBI, which declined to comment on an active investigation.
According to Kolasinski, agents fired on Mendoza while his car was stopped, prompting him to drive away in panic to flee the gunfire. "He fled in a panic because he was being fired on," Kolasinski explained. "He was not trying to hurt anyone ... he was just scared he was going to die."
A court document from October 25, 2019, from a judge in El Salvador shows Mendoza, then 29, was acquitted of murder and ordered immediately released. The document lists ten others convicted of crimes ranging from aggravated robbery to murder, mentioning at least one as a member of the 18th Street Gang, but contains no reference to Mendoza belonging to a gang or being accused of gang activity.
Dashcam Footage and Personal Details
Dashcam footage obtained by KCRA-TV depicts three officers surrounding a vehicle stopped roadside. One officer appears to touch the driver-side window as the car begins to reverse and turn, colliding with a vehicle behind it. At least two agents have weapons drawn, pointed at the car. The driver then moves forward toward the standing men and turns sharply, driving over the roadway median.
The silent video leaves it unclear when shots were fired or if any words were exchanged.
Kolasinski shared that Mendoza's fiancée spoke with him Wednesday before surgery and again Thursday morning. Mendoza, a dual citizen of El Salvador and Mexico, arrived in the U.S. in 2019, though his legal status and method of entry remain unknown. He works as a laborer repairing fire damage, has a two-year-old daughter, and is engaged to a U.S. citizen.
