Attorney disputes federal claims after ICE shooting in California; family sees man shot for first time

By Nina Burns

The attorney for the man shot by U.S. Immigration and Customs Enforcement agents in Patterson is disputing federal claims and raising questions about what led up to the shooting, and what’s happening next.

For the first time since the shooting, Carlos Ivan Mendoza Hernandez’s fiancée, Cindy, and attorney, Patrick Kolasinski, were able to see him on Friday in person at Doctors Medical Center in Modesto, where he has been hospitalized since Tuesday.

They say that since then, they have been struggling to get basic information from authorities about what happened and even Hernandez’s condition.  

“I am happy that I know that he’s alive and he’s in stable condition. Now I can confirm myself right by talking to him and looking at him directly,” Cindy said on Thursday.

Kolasinski said Hernandez has undergone three surgeries and remains in the intensive care unit, with injuries to his face and arm.   They’re also disputing ICE’s version of events and point to court documents that they say tell a very different story.

Dashcam video captured the moments on Tuesday morning when Hernandez tried to pull away from agents who were attempting to arrest him as ICE said he is wanted for questioning in El Salvador in connection with a murder. Kolasinski speculated that his reaction may have been driven by fear.

“I wasn’t with him, I can only imagine if you see what’s happening in immigration detention and find yourself about to be detained,” Kolasinski said. “It’s normal to try and flee.”

ICE claims Hernandez is a member of the 18th Street gang and is wanted in El Salvador. But his attorney says none of that is true. 

“Carlos is a family man who was on his way to work when he was detained by ICE. He has had no criminal contacts in the United States,” Kolasinski said.

Court documents from 2019 show Hernandez was charged with aggravated homicide, which was later reduced to simple homicide. The court documents also show Hernandez was found not guilty.

“He was, in fact, acquitted, so he cannot possibly have a warrant out for his arrest,” Kolasinski said.

CBS News Sacramento reached out to ICE regarding the court document from El Salvador, but has yet to hear back.

Kolasinski now also claims Hernandez was acting in self-defense when he attempted to drive away, alleging he was shot at before moving the vehicle.

“I think the problem is the training,” Kolasinski said. “You have a not-dangerous person and when they try to flee. First of all, the car was way too far behind. When you do a traffic stop, you pull up close behind. If you’ve ever gotten a ticket, you’ll see CHP is on your bumper. Why? So this can’t happen.”

However, a separate attorney not involved in the case, Justin Ward, said video of the incident does not clearly show officers firing before the vehicle moved. He said that without audio, it is difficult to determine what happened first.

Ward added that while Hernandez may not have initially posed a threat, the situation changed once the vehicle moved toward officers.

“As soon as he started to drive towards the officers, he then gave them justification to use their firearms to stop him,” Ward said.

Cindy said she didn’t hear from the authorities first, but from her sister. After arriving at the hospital, she said an FBI agent took her into a room.

“He said, ‘I’m going to record you because I need to have this recorded, right?’ So I was expecting him to talk to me about Carlos. I literally asked how he’s doing, is he’s in the hospital. He said, ‘I cannot share any information. I’m not authorized.'”

CBS News Sacramento reached out to the FBI and is awaiting a response. 

Kolasinski said Wednesday evening that Hernandez is detained under the U.S. attorney’s office. As of Thursday, Kolasinski now says Hernandez is not under arrest or formally detained, but remains in the hospital’s care as the FBI continues its investigation.

He also confirmed Hernandez does not have legal status in the United States.

The family is asking anyone who may have witnessed the shooting or has video to come forward as investigators continue to piece together what happened.

“Sheriff’s office, no one, no one responded to me, being searching for answers,” said Cindy, Hernandez’s fiancée.

Cindy said she didn’t hear from the authorities first, but from her sister. After arriving at the hospital, she said an FBI agent took her into a room.

“He said, ‘I’m going to record you because I need to have this recorded, right?’ So I was expecting him to talk to me about Carlos. I literally asked how he’s doing, is he’s in the hospital. He said, ‘I cannot share any information. I’m not authorized.'”

CBS Sacramento reached out to the FBI and is awaiting a response.

As they wait for answers, she said this goes beyond just one case.

“Right now it’s me and that’s the reason I’m here. I’m also representing our community,” Cindy said. “I don’t want this situation to continue and continue blaming these people, in this case, Carlos.”

Right now, his family and his attorney say they’re still attempting to find out his condition.

Kolasinski said Wednesday evening that Hernandez is detained under the U.S. attorney’s office. Kolasinski added that Hernandez underwent a medical procedure, but the family doesn’t know his condition.