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

MODESTO, Calif. - The attorney for a man shot by ICE officers in Patterson, Calif, said that his 36-year-old client was acquitted of murder in El Salvador, so there should have been no reason to arrest him here. 

In addition, FBI officials said late Wednesday that Carlos Ivan Mendoza Hernandez – who Immigration and Customs Enforcement officers shot Tuesday morning in California's Central Valley – is not in ICE custody, but is under medical care at a Modesto hospital, and visitation is limited due to the ongoing FBI investigation. 

The family's attorney, Patrick Kolasinski, and Hernandez's fiancée, Cindy, expressed frustration that they were not allowed to visit him initially. 

Late Wednesday evening, they learned from the FBI and U.S. Attorney’s Office that they would be allowed to meet with Hernandez on Thursday morning at Doctors Medical Center in Modesto, following surgery for his injuries.

‘Doesn't add up’ 

The other side:

Acquitted of murder

ICE officials say immigration officers were conducting a targeted traffic stop because they say Hernandez was a member of a gang in El Salvador, wanted for questioning related to a murder there. They never specified what murder or what his connection to that murder was. 

At a news conference Wednesday in his Modesto office, Kolasinski explained that Hernandez was charged – and then acquitted – of murder in El Salvador, and shared court documents with reporters Wednesday that he said he obtained from El Salvador.

Kolasinski also said the family has retained an attorney in El Salvador to assist with the case.

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 mention Hernandez by his nickname of "El Pana."  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."

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

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. 

He said he now realize that his client's old murder case is likely relevant to his arrest. 

Cindy said she wonders if the ICE officers' targeted stop might be related to another traffic stop 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's background

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 fiancée, Cindy, a U.S. citizen 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.

"He's a good dad. He's a hard-working person," Cindy said.

Kolasinski added that Hernandez's immigration status is unclear right now, as he hasn't been able to speak to his client. 

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. 

In a statement, Acting ICE Director Todd Lyons reiterated his previous statement, underlining in bold that Hernandez is an 18th Street gang member "wanted in El Salvador for questioning in connection to a murder."

ICE never stated it had a warrant for Hernandez's arrest.

The FBI is now investigating the shooting. 

Dashcam video: different views

Dig deeper:

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

The video shows 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 and pulling away from the scene. 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.

"I believe his reaction yesterday was coming from fear. I do believe it's coming from that," Cindy said. 

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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