Judge Cites Constitutional Violations in Dismissal
A federal judge in the United States has thrown out an indictment against a Los Angeles-based TikTok creator who was shot by an immigration officer, ruling that the government violated his constitutional rights. The case against Carlitos Ricardo Parias, who livestreams local breaking news, was dismissed on Saturday by US District Judge Fernando Olguin.
Contested Incident and ICE Detention
Parias was indicted in October, accused of using his car as a weapon to ram two federal vehicles during an Immigration and Customs Enforcement (ICE) operation. However, body-camera footage obtained by the Los Angeles Times appeared to contradict the assault claim, showing his car stationary before an agent fired, hitting Parias in the elbow. A ricochet bullet also injured a deputy US marshal.
Judge Olguin's dismissal order highlighted two major issues. First, after Parias was granted release on bond from jail, he was immediately transferred to the Adelanto ICE processing centre, a detention facility roughly 90 miles east of Los Angeles. Secondly, once there, his defence team found it "difficult, if not impossible" to schedule legal visits, prejudicing his right to a fair trial.
Prosecution Missteps and Case Dismissed 'With Prejudice'
The judge also cited the government's failure to meet discovery deadlines, including the timely release of the crucial body-worn camera footage. The US attorney's office in LA stated it "strongly" disagreed with the court's findings and is considering an appeal.
Critically, the indictment was dismissed with prejudice, meaning prosecutors cannot refile the same assault charges. Parias's federal public defenders, Cuauhtemoc Ortega and Gabriela Rivera, said the government had denied him meaningful access to his lawyers and failed to disclose evidence on time.
Despite the criminal case collapse, Parias, whom authorities describe as a Mexican national living in the US without legal status, may remain in ICE detention as his separate immigration case continues. This incident follows a pattern identified in a Guardian investigation, which found several cases stemming from LA immigration raid protests were later dropped due to inaccurate police reports.
