ICE officers fired on California man first before he drove away: attorney

MODESTO, Calif. - The man shot by ICE officers in Patterson, Calif., told his attorney in very clear terms that he was "never ever" in a gang and fled the scene along I-5 because he was fired upon first by federal immigration agents before he was seen reversing his car and fleeing the scene.

Not being detained

What they're saying:

Attorney Patrick Kolasinski spoke outside Doctors Medical Center in Modesto on Thursday on behalf of his newly retained client, Carlos Ivan Mendoza Hernandez, 36, who was injured by bullets Tuesday by ICE officers who shot at him at least "half a dozen" times.

At least two of the bullets hit Hernandez's face and arm, Kolasinski said.

"It was absolutely abundantly clear he was shot in the face, near his jaw," Kolasinski said, adding that Hernandez has been unconscious for the last two days and is expected to be leaving the ICU on Thursday. "He has a long road to recovery,"

Hernandez is not being detained as a suspect by the Department of Justice at this point, and whether he will be taken into custody at some point is still unclear, Kolasinki said.

Fired on first

The backstory:

Kolasinski said that Hernandez told him from his hospital bed that he was on his way to work and wanted to stop for coffee when he saw lights behind him. He pulled over. Officers asked him for his driver's license, which he handed over. They then told him they were ICE officers and were going to take him into custody. He asked questions about that. He asked to call his wife.

"And the situation spiraled out of hand," Kolasinski said. "He wasn't doing what they asked for, just stepping out of the vehicle and surrender. He was simply saying he wanted to call his wife and then somebody shot at him."

ICE said he ‘weaponized’ vehicle

The other side:

Dashcam video at the scene taken by a motorist shows Hernandez's black car reversing and then making a hard U-turn across the center median to flee two or three officers. 

Acting ICE Director Todd Lyons said in a statement that Hernandez had "weaponized" his vehicle, prompting officers to shoot.

Lyons also said that ICE officers had targeted Hernandez because he is an 18th Street gang member wanted for questioning in a murder in El Salvador. ICE has not been specific about what murder they are referring to or Hernandez's alleged involvement in it.

'Fled in a panic' 

But Kolasinski said Hernandez was not trying to hurt anyone, instead, "he was being shot at and that's why he fled in a panic. He was scared he was going to die." 

Hernandez does not have legal status in the United States, his attorney said, and is a citizen of Mexico and El Salvador.

But Kolasinski said Hernandez "never, ever, ever been in a gang in El Salvador." 

At a news conference on Wednesday, Kolaninski provided court documents from El Salvador showing that Hernandez was the only person out of 10 people charged with murder to have been acquitted in 2019 – the same year he came to the United States.

As for being part of the 18th Street gang, which formed in Los Angeles, Kolasinski said "he's barely even been to LA and never been in the 18th Street gang."

What's next:

Moving forward, Kolasinski said he will likely keep some of the information more private about Hernandez, as he wants to respect attorney-client privilege.

And as Hernandez heals from his bullet wounds, Kolasinki would like to connect with witnesses at the scene who saw what happened on Tuesday morning along I-5 when ICE arrested him.

"I need witnesses," Kolasinski said. "I"m chasing this all down." 

IF YOU'RE INTERESTED: Kolasinki has set up a GoFundMe for Hernandez's family.