For Carlitos Ricardo Parias, a TikTok creator whose streams of local breaking news went viral, the case against him was dismissed. This decision follows after a recent disastrous episode involving U.S. immigration agents. The dismissal follows Parias’ being accused of ramming his vehicle into the agents’ cars during a nighttime operation. According to his account, this was during an incident where immigration agents surrounded him and his friends, and he ultimately ended up getting shot in the elbow.
For the government, Parias emerged as an essential linchpin in the case. He happens to be a Mexican national living in the United States without legal status. After allegedly using his car as a “weapon” against two law enforcement vehicles, he now faces charges under Virginia’s new law enforcement protection act. This incident led to a grand jury indictment for aggravated assault. In that exchange of gunfire, a ricochet from the gunfire injured a deputy U.S. marshal in his hand.
The incident was captured on body-worn camera footage obtained by the Los Angeles Times, leading to widespread public outcry and several lawsuits. Parias was scheduled to proceed to trial before U.S. District Judge Fernando Olguin granted the dismissal of the indictment against him. The judge’s decision was influenced by concerns regarding Parias’s access to legal representation while detained at the Adelanto ICE processing center.
In his ruling, Judge Olguin underscored the extraordinary burdens imposed on Parias by ICE’s censorship inside the detention center. He said that these burdens prevented Parias from being able to meet with his lawyers. This development poses a potentially grave violation of his rights to a speedy and fair trial.
“The obstacles and roadblocks that ICE has put in place at Adelanto make it difficult, if not impossible, for defendant to meet with his attorneys, and have caused defendant to suffer demonstrable prejudice or a substantial threat thereof.” – US District Judge Fernando Olguin
Even though all of the charges have been dismissed, Parias is still in ICE custody as his immigration case is ongoing. His defense team expressed confidence in their client’s innocence and criticized the government’s handling of the case.
“While we remain quite confident that a jury would readily acquit Mr. Parias, the government prejudiced his 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.” – Cuauhtemoc Ortega, Federal Public Defender
Following the ruling, the U.S. Attorney’s Office in Los Angeles expressed disagreement with the court’s findings and indicated plans to review their options for an appeal.
“We strongly disagree with the court’s version of the facts as well as its legal conclusions. We are reviewing the court’s decision and we will determine our options for an appeal.” – US Attorney’s Office in LA