Man shot by ICE in California acquitted for murder in El Salvador: documents

MODESTO, Calif. - An attorney for the man shot by Immigration and Customs Enforcement officers in California's Central Valley believes his client was targeted on the basis of bad information, even though he was charged, and later acquitted, for murder in El Salvador.

Carlos Ivan Mendoza Hernandez was shot and injured on Tuesday near I-5 in Patterson, Calif., just outside of Modesto.

‘Doesn't add up’ 

The other side:

Patrick Kolasinski, who is representing Hernandez and his fiancé, Cindy, held a news conference on Wednesday, stating that as far as he knows, his client has never been involved in any gang, as ICE alleged the day before.

Acquitted of murder

Kolasinski did acknowledge that Hernandez was charged – and then acquitted – of murder in El Salvador, which he obtained court documents for and shared with reporters. 

Hernandez was the only person acquitted of murder in that case, and therefore, there could be no way there could have been a warrant out for his arrest, his lawyer said. 

The documents also refer to the 36-year-old Hernandez by his nickname of "El Pana," which show his acquittal came in 2019, the same year he came to the United States. The word used in the document is "absuelto." 

"So if he was released after being acquitted with no other holds on him, he cannot have a warrant," Kolasinski said. "So that information must be either erroneous or completely made up, and only DHS knows what they're looking at."

Because Hernandez was actually originally involved in that murder case, Kolasinski also modified his earlier statements where he originally said the ICE shooting Tuesday about 6:30 a.m. along Interstate Highway 5 by ICE officers, appeared to be a case of mistaken identity. 

Possibly of note, Cindy mentioned that her boyfriend was stopped on Friday in Turlock by police for having a cracked windshield on her car. 

The police officers, he told her, were rude to him and took down all of his information. Cindy said she wonders if details about him were gathered that day and used by ICE. 

"I do believe probably the incident is coming from there," she said.

There is no immediate evidence to indicate that Turlock police communicated anything with ICE, but California is a sanctuary state.

Injured in shooting

Hernandez was injured in the shooting in Patterson, where he lives, and was taken to Doctor's Medical Center in Modesto. But his exact condition isn't known because his family hasn't been allowed to see him. 

Based on this new information about the murder acquittal, Kolasinski said it now looks like ICE got information that "doesn't add up." 

Hernandez is a dual citizen of El Salvador and Mexico. 

He has a 2-year-old daughter born in the United States with his American fiancé, Cindy, who didn't want her last name used. He works rehabbing fire-damaged homes. He was en route to the Bay Area for a job when he was shot. 

Kolasinski added that Hernandez's immigration status is unclear right now, as he hasn't been able to speak to his client. As far as Kolasinski knows, Hernandez is not being detained by ICE. 

Kolasinski added that he is not even sure Hernandez is being held by anyone, or if he is even conscious in the hospital. He said he's been stonewalled on every front in trying to find out information, adding that he would like to "resolve this in a sane and rational way." 

Kolasinski told KTVU he was retained Tuesday about 5 p.m. – roughly eight hours after the shooting – and has been scrambling to get details ever since. 

ICE narrative contradicts attorney 

What they're saying:

ICE did not respond to Kolasinki's narrative, and referred all questions on Wednesday to the Department of Homeland Security, which didn't immediately respond for comment. 

But the lawyer's story seems to contradict at least some of what ICE put out following the shooting. 

In a statement, Acting ICE Director Todd Lyons said that officers were conducting a targeted operation, seeking Hernandez, whom they called an 18th Street gang member from El Salvador who they wanted to question in connection with a murder, which they didn't elaborate on. 

ICE never stated it had a warrant for Hernandez's arrest, or that he committed a murder; only that he was wanted for questioning for one. 

Lyons emphasized in his statement that ICE officers shot at Hernandez because he "weaponized his vehicle" and drove at the officers. 

The FBI is now investigating the shooting. 

Dashcam video: different views

Dig deeper:

A motorist provided dashcam video showing one angle of what happened.

Different people see the video in different ways, although it is clear that Hernandez was trying desperately to evade law enforcement. 

What the video shows is officers standing with Hernandez on the side of the road, when at some point, he backs up his small black car and then puts it into drive, making a hard left to conduct a U-turn across the center median. One officer is seen hopping out of the way. 

At least two of the officers have weapons drawn, pointing at the car. 

The video has no sound, and it's unclear when the shots were fired and if words were said.

While ICE said the car was "weaponized," Kolasinski said when he watched the video, all he thought of was Renee Good, the woman killed by ICE in Minneapolis while driving away in her car. 

Hernandez is doing everything he can to back away, Kolansinksi said, adding that he's not advocating for people to evade police.

"It's natural for him to try to flee," he said. "It's a human reaction." 

The problem is the training that ICE officers receive, Kolasinksi said, and the fear ICE has instilled among many nationwide. 

The California Highway Patrol conducts dangerous stops all the time and they don't shoot people like that, Koansinksi said. 

"ICE's own training puts the community in danger," he said. 

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

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