Federal judge dismisses case against TikTok fired by ICE, citing constitutional violation

Days before the trial, a federal judge dismissed the case against the TikTok host who was shot by ICE earlier this year, citing unconstitutional violations by the government.

In Saturday’s order, US District Judge Fernando M. Olguin cited Carlitos Ricardo Parias’ denial of access to a lawyer while in immigration detention and the government’s failure to meet discovery deadlines — including the timely release of body cam footage that captured the incident.

Authorities have accused Parias, a popular TikTok host of local news stories, of breaking into agents’ cars after they boxed him in while trying to arrest him during an immigration enforcement operation in South LA in October. An ICE officer opened fire, hitting Parias in the arm and wounding a deputy US marshal with a ricochet.

That same day, prosecutors charged Parias with assaulting a public official. In November, he was indicted by a grand jury. Parias was scheduled to be arraigned on Tuesday.

Tricia McLaughlin, a spokeswoman for the Department of Homeland Security, previously told the Times that Parias “armed his vehicle” and said that “out of fear for the safety of the public and law enforcement, our officers followed their training and fired defensive shots.” But newly discovered wearable camera footage raises questions about that claim.

The video captures an ICE officer holding a gun in one hand and using the other to open Parias’ car window. As the officer yells at Parias to turn off the car, Parias raises his hands in the air asking if he is under arrest. The officer repeatedly tries to open the passenger side door, before removing the gun from his left hand, before firing.

At that time, Parias’ car did not appear to be moving.

“Oh,” said the policeman, sounding surprised. “F—.”

“Who shot?” asked another.

“I shot, I shot,” replied the officer.

In his 28-page order, Olguin dismissed the impeachment with prejudice, meaning prosecutors cannot bring back similar charges of assault on a public official with a deadly or dangerous weapon and destruction of government property.

“In short, because Mr. Parias’ denial of access to counsel at a critical time before his trial caused him actual and threatened prejudice, and because no other remedy would adequately cure his deprivation, the court agrees with the defendant that dismissal of the case is appropriate,” Olguin wrote.

A spokesperson for the US attorney’s office in Los Angeles, the Department of Homeland Security and ICE did not immediately respond to a request for comment.

Federal Public Defender Cuauhtemoc Ortega and Deputy Public Defender Gabriela Rivera, who represented Parias, said in a statement that they were “happy that the court dropped the charges against their client.”

“While we remain confident that the judge will easily acquit Mr. Parias, the government has violated his right to a fair and speedy trial by denying him access to his defense team and failing to disclose in a timely manner the evidence they say supports the charges,” they said in a statement. “We are grateful that Mr. Parias’ constitutional rights have been guaranteed.”

Although the charges against him have been dismissed, Parias could remain in ICE custody as his immigration case continues.

Federal authorities sought to arrest Parias on Oct. 21 for the director’s arrest warrant in accordance with the immigration process, according to the criminal complaint filed against him. Homeland Security officials said Parias is in the country illegally.

A Department of Homeland Security official accused Parias of “having previously escaped custody,” although video obtained by The Times appears to show federal agents releasing him during the June incident.

In the latest incident that ended in a shootout, Parias was leaving his home and driving down the street, when federal agents — including ICE and the US Marshals Service — used their vehicles to box him in, according to the criminal complaint.

A body cam image captures an ICE officer approaching Parias’ passenger side door and saying “we’re going to break the window.” As the officer smashes the window, the car starts spinning and smoke billows from the spinning tires. The officer quickly pulls out his gun, holding it in his right hand as he smashes the window at once.

The complaint states that when the rear of the vehicle began to “seize the tail,” it “caused the agents to fear that PARIAS might lose control of the Camry and hit them.” The Homeland Security Investigations agency wrote that Parias’ acceleration of the Camry “caused debris (likely rubber from the tires themselves) to fly into the air, striking other agents.”

“Bajate, vamos a disparar,” the ICE officer warned in the video. “Get out, we’re going to shoot you.”

When the wheels stopped spinning, the officer entered through the broken passenger door window, “wielding the gun in one hand while trying to open the door with the other,” the judge wrote in his order.

As the officer yells at him to turn off the car, Parias says he has nothing on the video and asks why he is being arrested. The agent appears to say that if Parias leaves, they will shoot.

“Mátenme, mátenme,” said Parias. “Kill me.”

In the video, the ICE officer can be seen firing shortly after and Parias starts yelling: “Me men.” My hand.

Shortly after the incident, the policeman opened his phone and sent a message. The content of the message is not visible in the images.

Parias was hospitalized for about a week after the incident, before being taken to jail.

Although a federal judge later ordered Parias released on bond, once he was released from the custody of the US Marshals, he was immediately transferred to ICE custody on Nov. 24, followed by a prisoner. He is being held at the Adelanto ICE Processing Center.

Olguin wrote in his order that “the government’s decision to arrest Mr. Parias in Adelanto when and where is unconstitutional in this case.”

By placing Parias in immigration detention, Olguin wrote, the government “jeopardized this court’s ability to try Mr. Parias in accordance with the requirements of the Sixth Amendment” — which provides for a fair and speedy trial.

Parias’ attorneys filed a statement citing challenges to Parias’ access to counsel because of his arrest in Adelanto, which is at least two hours away from the defense attorney’s office in downtown LA.

Less than three weeks before the trial, Parias’ defense team had been unable to schedule any official visits with Parias since the start of his ICE detention, Ortega said in court. He mentioned the distance and difficulty of arranging a video conference call with their client.

“Here, defendant’s incarceration in Adelanto denied him access to his attorney for nearly a month prior to this trial,” Olguin wrote in his order. “In short, the obstacles and roadblocks placed by ICE in Adelanto make it difficult, if not impossible, for the defendant to meet with his attorneys, and expose the defendant to significant discrimination or threat.”

Olguin also noted that the government did not disclose any defense findings until November 26, almost a month after the initial request. He said the government “continued to reveal defense findings beyond what was found.”

“Furthermore, discrimination against Mr. Parias has been exacerbated by the government’s conduct, particularly as it relates to meeting deadlines and producing findings,” he wrote.