A federal judge has dismissed an indictment against a Los Angeles TikTok streamer who was shot by an officer during an immigration enforcement operation, ruling that the government violated his constitutional rights. Carlitos Ricardo Parias, who livestreams breaking news in the city, had been accused of ramming his car into immigration agents' vehicles after they surrounded him during an operation.
The shooting occurred when an agent fired at Parias, hitting him in the elbow, while a ricochet bullet also wounded a deputy US marshal in the hand. Body-worn camera footage obtained by the Los Angeles Times showed that Parias's car did not appear to be moving in the moments before the shooting, and that he was asking officers why he was being detained. One officer can be heard threatening to shoot him if he did not get out of the vehicle.
US District Judge Fernando Olguin ordered the indictment dismissed on Saturday, just days before Parias was due to stand trial. The judge said the government deprived Parias of his rights when it detained him at the Adelanto ICE processing centre, about 90 miles east of Los Angeles, immediately after he had been ordered released from jail on bond. Once there, his defence team was unable to schedule any legal visits. The judge also cited the government's failure to comply with discovery deadlines, including the late release of the body-worn camera footage.
The US attorney's office in Los Angeles said it strongly disagreed with the court's decision and was reviewing its options for an appeal. The indictment was dismissed with prejudice, meaning prosecutors cannot refile the same assault charges. Federal public defender Cuauhtémoc Ortega and deputy federal public defender Gabriela Rivera, who represented Parias, said they were grateful his constitutional rights had been vindicated, adding that a jury would readily have acquitted him had he received a fair trial.
Parias, who the government says is a Mexican national living in the US without legal status, could remain in ICE detention while his immigration case proceeds. The ruling comes after a Guardian investigation found that federal prosecutors were forced to dismiss several cases brought against people during protests over immigration raids in Los Angeles, many of which relied on inaccurate officer reports.
