Driver Shot by ICE in California 'Was Fired Upon Before He Moved Vehicle,' Attorney Says

A man shot by Immigration and Customs Enforcement (ICE) agents in Northern California was fired upon before he moved his vehicle, his attorney said on Thursday, disputing the agency's account that officers opened fire in response to a threat.

Carlos Iván Mendoza Hernández, 36, remains hospitalized after being struck more than half a dozen times during the incident near Interstate 5 in Patterson. His attorney, Patrick Kolasinski, said after visiting him that Mendoza Hernández "was trying to get away because he'd already been shot at, and he was just scared that he was going to die," according to NBC News.

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ICE Director Todd Lyons said earlier this week that officers conducted a targeted stop and fired "defensive shots" after Mendoza Hernández allegedly "weaponized his vehicle in an attempt to run an officer over." Kolasinski rejected that account, saying his client told him "it's not that his movement of the vehicle triggered the shooting, but quite the other way around."

Dashcam video obtained by a local NBC affiliate shows three officers surrounding a stopped vehicle before it begins to reverse. An officer appears to draw a weapon as the car moves, but the footage has no audio and does not clearly establish when shots were first fired.

According to Kolasinski, Mendoza Hernández believed he was being stopped for a routine traffic matter while on his way to work rehabilitating buildings. He said the situation escalated after officers asked him to exit the vehicle and he instead requested to call his wife. "He was simply saying he wanted to call his wife, and somebody shot him," the attorney told NBC News.

The Department of Homeland Security has also alleged that Mendoza Hernández is affiliated with the 18th Street gang and wanted in El Salvador in connection with a murder. Kolasinski and the man's family deny those claims, pointing to court documents showing he was acquitted of a murder charge in El Salvador in 2019. "He was never in a gang," Kolasinski said at a news conference.

Mendoza Hernández, a dual citizen of El Salvador and Mexico, has undergone multiple surgeries and remains in intensive care. His attorney said additional procedures may be required as he recovers.

The case is under investigation by the FBI in coordination with local authorities. It comes amid increased scrutiny of federal immigration enforcement tactics. According to NBC News, federal agents shot 14 people between September and February as deportation operations expanded, with several cases involving officers firing at moving vehicles.

Family members say they have received limited information about Mendoza Hernández's condition. His fiancée said their two-year-old daughter has struggled since the shooting, repeatedly asking for her father.

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