A Patterson man who was shot earlier this month by U.S. Immigration and Customs Enforcement (ICE) agents will remain in custody, after a federal judge on Monday labeled him as a flight risk.
Carlos Ivan Mendoza Hernandez, 36, appeared for his hearing in a Sacramento federal courtroom, where he’s been accused of assaulting a federal officer with his car, during an April 7 traffic stop on Interstate 5 near the Sperry Avenue exit in Patterson.
Federal prosecutors allege Hernandez tried to use his car as a weapon against the agents, which he has denied. Hernandez, who is being represented by a federal public defender, is still recovering from seven gunshots he received from the agents opening fire.
District Judge Dale A. Drozd ordered Hernandez, who is a dual citizen of El Salvador and Mexico, to remain in jail, saying there is enough evidence to consider him a flight risk.
Patrick Kolasinski, an attorney for Hernandez’s family who held a press conference following Monday’s court hearing, disputed the flight risk allegation. Kolasinski said the judge made his determination after viewing dashcam footage from an eyewitness that showed the wheels of Hernandez’s vehicle beginning to turn before the first shot was fired.
“He (the judge) said that there’s a reasonable interpretation that that might have been flight, and since it’s a pretty low bar, the government clears,” Kolasinski said. “The judge explicitly did not make a finding that Carlos is a danger to the community.”
Hernandez’s first hearing was on April 16 in front of a state judge, who released him on a $50,000 bond until prosecutors requested a 48 hour hold to allow a federal judge to review the case.
Notably, the judge acknowledged Hernandez had strong community support, specifically referencing letters submitted on his behalf, but said the question of possible flight weighed enough to keep him detained.
Kolasinski said Hernandez’s family is remaining steadfast with their support “We will fight this case. It will be a very long fight. There’s a ton of evidence,” he said.
The case has been set for a preliminary hearing on May 5.
Toxicology reports included in court filings
Also emerging from Monday’s hearing, federal prosecutors included in their court filings a preliminary toxicology screening from Doctors Medical Center that showed a positive result for cocaine in Hernandez’s system at the time of the shooting.
Kolasinski pushed back against that report, raising concerns about how the government obtained the medical records. His family has also denied reports of drug use.
Since his discharge from the hospital, Hernandez has been moved to three different facilities, from Stanislaus County jail to Yuba City to Taft, while also still being transported to Sacramento for his court hearings.
What the dashcam video shows
Dashcam footage from an eyewitness, broadcast by KCRA 3, shows three federal immigration agents surrounding Hernandez’s vehicle, one at his passenger side door and two attempting to open his driver’s side door, one with their gun drawn.
The video, which does not contain audio, shows Hernandez attempting to drive away. Agents are shown firing until Hernandez’s vehicle stopped in oncoming traffic.
Kolasinski says Hernandez maintains the first gunshot was made before he moved his vehicle and attempted to drive away. An eyewitness during a press conference supported that account.