A federal judge in the United States has taken the extraordinary step of dismissing an indictment against a TikTok content creator who was shot by an immigration officer during a controversial enforcement operation in Los Angeles.
Charges Dropped Over Constitutional Violations
US District Judge Fernando Olguin ordered the dismissal on Saturday, just days before the trial was set to begin. The judge ruled that the government had violated the constitutional rights of the defendant, Carlitos Ricardo Parias.
Parias, who livestreams local breaking news on TikTok, was indicted by a grand jury in October. He faced charges of assaulting a federal officer, accused of using his car as a weapon to ram into two law enforcement vehicles during an Immigration and Customs Enforcement (ICE) operation.
However, the case unravelled due to the government's conduct. Judge Olguin cited two major issues. First, after Parias was granted release from jail on bond, he was immediately transferred to the Adelanto ICE processing centre, a detention facility roughly 90 miles east of Los Angeles. This move, the judge found, deprived him of his rights.
Obstacles to a Fair Defence
The second critical issue was the severe limitation placed on Parias's access to his legal team. Once detained at Adelanto, his defence attorneys were effectively blocked from scheduling necessary legal visits. "The obstacles and roadblocks that ICE has put in place at Adelanto make it difficult, if not impossible, for defendant to meet with his attorneys," Judge Olguin stated in his order.
Furthermore, the prosecution failed to meet multiple deadlines in the discovery process. This included a failure to release crucial body-worn camera footage of the incident by the court-ordered deadline. Footage later obtained by the Los Angeles Times painted a different picture from the government's assault claims. It showed Parias's car did not appear to be moving prior to the shooting, with Parias asking officers why he was being detained before an agent threatened to shoot if he did not exit the vehicle.
During the encounter, an agent fired his weapon, striking Parias in the elbow. A ricochet from the same bullet also injured a deputy US marshal in the hand.
Legal Fallout and Immigration Status
The indictment was dismissed with prejudice, meaning federal prosecutors cannot refile the same assault charges against Parias. His defence team, federal public defender Cuauhtemoc Ortega and deputy federal public defender Gabriela Rivera, welcomed the decision. They stated the government had "prejudiced his right to a fair and speedy trial by denying him meaningful access to his defense team and failing to timely disclose the evidence."
The US attorney's office in Los Angeles expressed strong disagreement with the court's findings, stating they are reviewing the decision and considering an appeal.
Despite the dismissal of the criminal indictment, Parias's legal troubles are not over. The government identifies him as a Mexican national living in the US without legal status. He could remain in ICE detention while separate immigration proceedings continue.
This case follows a pattern identified in a Guardian investigation, which found prosecutors were forced to dismiss several cases stemming from protests over immigration raids in Los Angeles, often due to inaccuracies in officers' reports.
