Court hearing delayed for man shot 7 times by ICE agents in Patterson. Here’s why

A court hearing for a man who was shot seven times by federal immigration agents near Modesto and then charged with trying to assault them with his car was postponed late Thursday, in part because his defense lawyers are still awaiting the results of the FBI’s examination of the vehicle, court documents show.

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Carlos Ivan Mendoza Hernandez, who was wounded in the arm, torso and mouth in the April 7 incident, had been scheduled to appear in federal court in Sacramento on Monday to discuss his case and set dates for hearings and a possible trial. But public defender David Harshaw said in pleadings filed Thursday that he needed more time to gather and examine evidence.

In particular, Harshaw said he was waiting for the FBI’s forensic analysis of the Toyota C-HR that Mendoza Hernandez was driving when he was stopped by Immigration and Customs Enforcement agents in the Central Valley city of Patterson on April 7 as he drove to work.

The case is playing out amid renewed concern about potentially deadly interactions between ICE agents and members of the public they encounter during enforcement operations. Agents shot and killed two people in July during a period of intensified immigration sweeps — individuals the agency later said had not been targets of its operations.

Mendoza Hernandez, who was 36 at the time of his arrest in April, was pulled over by four ICE agents near a freeway entrance in Patterson in Stanislaus County. They ordered him to get out of the car. When he did not comply, two agents drew their guns, and one smashed the vehicle’s window to pull him out, court documents say.

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Moments later, the vehicle moved forward, causing an agent who was leaning against the car to move, court documents say. The agent fired at Mendoza Hernandez, who then backed the car up briefly before pulling forward to flee.

He hit the rear corner of an ICE vehicle as he drove away, leading to a charge of destruction of government property and two counts of assaulting a federal officer. He pleaded not guilty in federal court on May 4, appearing in court in a wheelchair.

In addition to the FBI forensic report involving the Toyota, Harshaw said he needed time to review roughly 1,700 pages of documents provided by the prosecution and conduct his own investigation.

Prosecutors agreed to Harshaw’s request for a delay, and U.S. District Court Judge Dale Drozd granted it on Thursday.

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A new hearing is scheduled for Oct. 19, Drozd’s order shows.

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