Federal Judge Dismisses Indictment Against TikTok Streamer Shot by ICE
A federal judge has dismissed an indictment against a TikTok streamer who was shot by Immigration and Customs Enforcement (ICE) earlier this year, citing constitutional violations by the government. The judge’s decision comes just days before the trial was set to begin.
The TikTok streamer, Carlitos Ricardo Parias, was accused of ramming his car into agents’ vehicles during an immigration enforcement operation in South Los Angeles in October. However, newly obtained body-worn camera footage raises questions about the government’s claim that Parias “weaponized his vehicle.” The video shows an ICE officer holding a gun in one hand and using the other to break open the window of Parias’ car, with Parias raising his hands in the air and asking why he is being detained.
In his 28-page order, U.S. District Judge Fernando M. 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. The judge cited the deprivation of Parias’ access to counsel while held in ICE detention and the government’s failure to comply with discovery deadlines, including the timely release of body-worn camera footage that captured the shooting.
Constitutional Violations and Discovery Issues
The government’s decision to administratively detain Parias in Adelanto, California, has jeopardized the court’s ability to try him in compliance with the demands of the Sixth Amendment, which provides for a fair and speedy trial. Parias’ defense team had been unable to schedule any legal visits with him since the beginning of his ICE detention, citing the distance and difficulties scheduling a video-telephone conference with their client.
The judge also noted that the government did not produce any discovery to the defense until November 26, nearly a month after the initial request. The government “has continued to produce discovery to the defense well beyond the discovery cutoff,” Olguin wrote. “Moreover, the prejudice to Mr. Parias has been exacerbated by the government’s conduct, especially as it relates to meeting deadlines and producing discovery.”
Immigration Case Proceeds
Although the criminal charges against Parias have been dismissed, he could remain in ICE detention as his immigration case proceeds. Federal authorities sought to arrest Parias on October 21 on an administrative arrest warrant in conjunction with a federal immigration proceeding. Homeland Security officials have said Parias is in the country illegally.
Parias’ attorneys, Federal Public Defender Cuauhtemoc Ortega and Deputy Federal Public Defender Gabriela Rivera, said in a statement that they were “pleased that the court dismissed the charges against their client.” They noted that the government prejudiced Parias’ 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.
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