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<\/p>\nDays ahead of trial, a federal judge has dismissed an indictment against a TikTok streamer shot by ICE earlier this year, citing constitutional violations by the government.<\/p>\n
In a Saturday order, U.S. District Judge Fernando M. Olguin cited the deprivation of Carlitos Ricardo Parias\u2019 access to counsel while held in Immigration and Customs Enforcement detention and the government\u2019s failure to comply with discovery deadlines \u2014 including the timely release of body worn camera footage that captured the shooting.<\/p>\n
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Federal authorities had accused Parias, a well-known TikTok streamer of local breaking news, of ramming his car into agents\u2019 vehicles after they boxed him in and tried to arrest him during an immigration enforcement operation in South L.A. in October. An ICE officer opened fire, striking Parias in the arm and injuring a deputy U.S. marshal with a ricochet bullet.<\/p>\n
That same day, prosecutors charged Parias with assault on a federal officer. In November, he was indicted by a grand jury. Parias was scheduled to go to trial on Tuesday.<\/p>\n
Tricia McLaughlin, a spokesperson for the Department of Homeland Security, previously told the Times that Parias had \u201cweaponized his vehicle\u201d and said \u201cfearing for the safety of the public and law enforcement, our officers followed their training and fired defensive shots.\u201d But newly obtained body worn camera footage raises questions about that claim.<\/p>\n
The video captures an ICE officer holding a gun in one hand and using the other to break open the window of Parias\u2019 car. As the officer shouts at Parias to turn off the car, Parias raises his hands in the air and asks why he is being detained. The officer repeatedly tries to open the passenger side door, before moving the gun to his left hand, right before firing. <\/p>\n
At the time, Parias\u2019 car did not appear to be moving.<\/p>\n
\u201cOh,\u201d the officer said, sounding surprised. \u201cF\u2014.\u201d<\/p>\n
\u201cWho shot?\u201d someone asked.<\/p>\n
\u201cI shot, I shot,\u201d the officer responded.<\/p>\n
In his 28-page order, Olguin dismissed the indictment with prejudice, meaning prosecutors cannot refile the same charges of assault on a federal officer using a deadly or dangerous weapon and depredation of government property. <\/p>\n
\u201cIn short, because the deprivation of Mr. Parias\u2019s access to counsel during the critical period prior to his trial caused him actual and threatened prejudice, and because no other remedy could adequately cure his deprivation, the court agrees with defendant that dismissal of the indictment is warranted,\u201d Olguin wrote.<\/p>\n
A spokesperson for the U.S. attorney\u2019s office in Los Angeles, the Department of Homeland Security and ICE did not immediately respond to a request for comment.<\/p>\n
Federal Public Defender Cuauhtemoc Ortega and Deputy Federal Public Defender Gabriela Rivera, who represented Parias, said in a statement that they were \u201cpleased that the court dismissed the charges against their client.\u201d <\/p>\n
\u201cWhile we remain quite confident that a jury would readily acquit Mr. Parias, the government prejudiced his right to a fair and speedy trial by denying him meaningful access to his defense team and failing to timely disclose the evidence they claimed supported the charges,\u201d they said in the statement. \u201cWe are grateful that Mr. Parias\u2019s constitutional rights were vindicated.\u201d<\/p>\n
Although the criminal charges against him have been dismissed, Parias could remain in ICE detention as his immigration case proceeds.<\/p>\n
Federal authorities sought to arrest Parias on Oct. 21 on an administrative arrest warrant in conjunction with a federal immigration proceeding, according to a criminal complaint filed against him. Homeland Security officials have said Parias is in the country illegally.<\/p>\n