U.S. District Judge Fernando M. Holguin said the prosecution’s failure to turn over body camera footage in time undermined the defense’s ability to prepare for trial.
ICE officials feel the public’s trust has been lost.
USA TODAY spent several days following ICE agents in Kansas City to learn more about their targeting and arrests of immigrants.
A federal judge has dismissed charges against a Los Angeles-based TikTok creator who was accused of assaulting a police officer before he was shot and killed by federal agents during an immigration raid, according to court records.
Carlitos Ricardo Parias, 44, a TikTok streamer who documents immigration enforcement operations around Los Angeles, has been charged with assault on a federal officer in connection with the Oct. 21 confrontation, according to the U.S. Attorney’s Office for the Central District of California. He was indicted by a grand jury and scheduled for trial on December 30th.
Prosecutors accused Parias, a Mexican national living in South Los Angeles, of ramming into a law enforcement vehicle while “attempting to drive away during an immigration arrest.” Prosecutors said federal agents fired shots during the incident, which struck Parias and injured a deputy sheriff.
U.S. District Judge Fernando M. Holguin dismissed the case with prejudice on December 27. That means prosecutors cannot bring the same charges against Palias again.
The judge cited constitutional violations in his ruling, saying Parias was deprived of access to a lawyer while in custody.
Holguin also said the government has not met deadlines for discovery, including releasing body camera footage from the shooting. The video, taken on a camera worn by the police officer who shot Parias, was released on December 10, five days after the deadline.
“By delaying production of the body camera footage, the government eliminated the possibility that the defense would review the footage with Mr. Parias,” Holguin wrote. “And with each passing day, the ability of defense attorneys to meet with their clients and prepare for trial was further impaired, resulting in even greater prejudice against defendants.”
Although the charges against him were dismissed, Parias may remain in custody as his immigration case progresses. Federal authorities say he resides in the United States without legal permission.
In a statement to CBS News, the U.S. Attorney’s Office in Los Angeles said it “strongly” disagrees with the ruling and will consider options for appeal.
Federal agents surveilled TikTok streamer’s neighborhood before arrest
According to the criminal complaint, federal agents conducted surveillance in Palias’ neighborhood on the morning of October 21 and saw her leave her home. Prosecutors said Parias was “the subject of an arrest warrant issued by the Immigration Administration and had previously evaded arrest.”
Prosecutors said Parias had no “reasonable means of escape” after he got into his car and the agents followed him and forced him into his car. Parias then drove the car back and forth, hitting two law enforcement vehicles, according to the complaint.
“Palias still refused to comply with arrest and then…more aggressively advanced toward a law enforcement vehicle,” prosecutors alleged. “Palias’ aggressive driving escalated and the vehicle’s tires apparently spun, creating a large volume of smoke around (the vehicle).”
Prosecutors said Parias refused to comply with the agents’ commands, so the agents tried to break into the driver’s side window of Parias’ car. During the incident, agents opened fire, wounding Parias. Prosecutors added that a deputy U.S. marshal who assisted in the arrest suffered minor injuries from a ricochet.
Newly released body camera footage shows the moment before the shooting
New body camera footage obtained by the Los Angeles Times of the U.S. Immigration and Customs Enforcement officer who shot Pallias has raised questions about the shooting, the newspaper reported.
The Times said the footage showed the agent holding a gun in one hand and using the other to pry open the passenger-side window of Parias’ car. The agent then ordered Parias to turn off the car’s engine.
Parias was seen raising his hands and asking investigators why he was being held, the newspaper said. After the agent made multiple attempts to open the passenger side door of Parias’ car, he held a gun in his left hand and fired.
The Times reported that Parias’ car did not appear to be moving at the time, and that other investigators could be seen in the video near the driver’s side door.
Latest shootings involving ICE agents
The Trump administration is ramping up immigration enforcement across the United States as part of an effort to deport record numbers. Federal immigration raids and deportations have sparked backlash and protests in dozens of states.
On Dec. 24, federal authorities announced that ICE agents fired into a vehicle during a raid in Maryland, injuring two people.
In September, ICE agents shot and killed a man they tried to run over with their car, but security and body camera footage raised questions about the circumstances.
Contributor: N’dea Yancey-Bragg, USA TODAY
