Family, Attorney Challenge ICE Account of California Shooting, Dispute Gang Allegations
PATTERSON, Calif. — The family and legal representative of a man wounded in a shooting involving Immigration and Customs Enforcement (ICE) officers are forcefully rejecting the agency's characterization of the incident, disputing claims that he is a dangerous gang member and that he used his vehicle as a weapon against agents.
Carlos Ivan Mendoza Hernandez, 36, remains hospitalized and isolated from his family following the Tuesday morning encounter in Patterson, a Central Valley community about 74 miles southeast of San Francisco. His fiancée, Cindy, and attorney Patrick Kolasinski stated at a virtual news conference Wednesday that they have been unable to see or speak with him directly, receiving only scant updates through a hospital social worker.
"He was never in a gang," Kolasinski told reporters, directly countering statements made by ICE Director Todd Lyons. Lyons described Mendoza Hernandez on Tuesday as "an 18th Street Gang member wanted in El Salvador for questioning in connection to a murder."
However, Kolasinski provided NBC News with a 2019 court document from El Salvador which shows Mendoza Hernandez was acquitted of murder charges and ordered released. The document lists convictions for ten other individuals but contains no mention of Mendoza Hernandez having gang affiliations or being accused of gang activity.
The confrontation began as what ICE termed a "targeted vehicle stop." Agency officials stated that when officers approached, Mendoza Hernandez "weaponized his vehicle in an attempt to run an officer over," prompting "defensive shots" from agents.
Dashcam footage obtained by NBC affiliate KCRA appears to show a more complex sequence. The silent video depicts three officers around a stopped vehicle. As the car begins to reverse and turn, an officer by the driver's window draws his weapon and appears to fire. The vehicle strikes a parked car before pulling forward and driving over a median.
Kolasinski argued the video shows his client "is doing everything he can" to avoid striking the officers. "When he tried to flee, an officer opened the door. That endangers the officer. It endangers everybody... That may well be ICE training. But if it is, it's horrible training," he said.
Cindy, a U.S. citizen who declined to give her last name citing safety concerns, said her fiancé's actions were driven by fear. She described Mendoza Hernandez as a construction worker who rehabilitates burned buildings and was on his way to work. The couple has a two-year-old daughter.
"My little girl could be all the way across the living room, and she would come running to meet him," Cindy said, fighting back tears. She recounted how her daughter stayed awake until 1 a.m. Tuesday, turning her head and saying, "Daddy's coming."
The incident occurs amid heightened scrutiny of ICE enforcement actions. Federal immigration officers shot 14 people between September and February, with moving vehicles cited as a threat in more than half of those cases. The FBI and local sheriff's office are jointly investigating Tuesday's shooting.
Public Reaction:
Marcus Johnson, a community organizer in Modesto: "This is a pattern. We see agencies justify extreme force with labels like 'gang member,' then the facts slowly come out that tell a different story. The lack of transparency with the family is cruel and deliberate."
Sarah Chen, immigration law professor at UC Davis: "The disconnect between the official narrative and the emerging evidence—the acquittal document, the dashcam footage—underscores the critical need for independent oversight in these operations. The 'vehicle as weapon' claim has been used before, sometimes successfully, sometimes not."
David Riggs, a retired police captain from Stockton: "The video is troubling. Opening a door during a vehicle stop is a known high-risk tactic. While ICE has a difficult job, the sequence of events and the prior acquittal raise legitimate questions that the investigation must answer."
Anita Vance, a Patterson resident: "I'm sick of the excuses! If he was acquitted, why is ICE calling him a murderer? If he was trying to run them over, why did he hit the parked car and not the agents? They shot a father in front of his home and are hiding behind bureaucracy. It's an outrage."