Man shot by ICE agents in Patterson charged with assault with deadly weapon
Hernandez could spend 20 years in prison if convicted on charges - his car being the deadly weapon in this case.
SAN FRANCISCO (KGO) -- The man shot by ICE agents last week in the Central Valley is now being charged with assault on a federal officer with a deadly weapon.
One day after leaving the hospital, Carlos Mendoza Hernandez was arraigned on federal charges in a Sacramento courtroom Tuesday afternoon.
A new FBI investigation alleges he hit an ICE agent with his car during a traffic stop.
His attorney says the judge in this case seemed to offer a challenge to the details of the investigation, which he hopes could lead to Mendoza Hernandez' innocence.
"Obviously, everyone wanted Carlos to come home with his family today," Immigration Attorney Patrick Kolasinski said. "But, at the end of the day, it's about as good of a result as anyone can expect and we're grateful we had a day in court."
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Mendoza Hernandez could spend 20 years in prison if convicted on charges of assault on a federal officer with a deadly weapon - his car in this case.
It stems from the incident caught on dashcam footage, when a car driven by Mendoza Hernandez hit an ICE agent during a targeted stop in Patterson.
Court documents allege that Mendoza Hernandez, a 36-year-old man without U.S. citizenship, refused to get out of the car when agents attempted to detain him.
According to the FBI's investigation, a passenger window was broken to get Mendoza Hernandez out and that's when his car lunged forward, hitting an agent before reversing and attempting to drive off as shots were fired.
Kolasinski says his client was hit multiple times by gunfire, including in the face.
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He says the shooting happened before Mendoza Hernandez attempted to drive away, not after, as the investigation claims.
"The judge reviewed that and based on the complaint alone - just looking at what the FBI alleged - she doesn't see any indication, as we all know, that Carlos is a danger, that he has any criminal history in the United States, that there's no allegation even in there that he intentionally hit anybody," Kolasinski said.
Mendoza Hernandez was in the hospital for nearly a week, needing multiple surgeries from his injuries.
Monday morning, the hospital told his fiancée, Cindy, he was in no condition to be medically discharged.
Hours later, Cindy, nor Kolasinski said they could find Mendoza Hernandez.
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Kolasinski said he had been taken first to Sacramento County Jail, before being moved and held in Stanislaus County Jail, ahead of his court hearing Tuesday.
Mendoza Hernandez told his attorney it has been a painful and frightening experience throughout.
But in a statement released in Spanish, he said, "Let justice be served. I wish no ill upon the person or persons who accused me. As for me, what I wish for the most is to be with my family."
Mendoza Hernandez was given a bond of $50,000, but he will remain in custody after the Government requested a higher judge reviews whether or not he should be allowed out.
If he is released, Kolasinski says it's likely ICE will detain him, which would start a new set of court proceedings.
