'Exacerbated by the government's conduct': Obama judge kills Trump DOJ's case against immigrant TikToker shot by ICE, says feds 'deprived' him of access to lawyers

3 days ago 100

 Carlitos Ricardo Parias being arrested successful  October aft  being changeable  by an ICE cause  (KABC/Storyful). Right: Carlitos Ricardo Parias (TikTok/@RichardLa18).

Left: Carlitos Ricardo Parias being arrested successful October aft being changeable by an ICE cause (KABC/Storyful). Right: Carlitos Ricardo Parias (TikTok/@RichardLa18).

A federal judge successful California has dismissed an indictment against a fashionable TikTok streamer who was changeable by ICE agents and accused of "ramming" a instrumentality enforcement vehicle. The justice ruled the man's rights were "jeopardized" by the authorities arsenic helium was "deprived" of entree to his court-appointed lawyers, among different "constitutional violations."

Attorneys for Carlitos Ricardo Parias — who goes by Richard LA connected societal media and has much than 130,000 followers — alleged that they tried to conscionable and consult with the 44-year-old aggregate times aft helium was arrested and held successful detention for battle connected a national serviceman pursuing the October shooting incident. But the authorities "repeatedly" denied them access, according to U.S. District Judge Fernando M. Olguin, a Barack Obama appointee.

On apical of that, national prosecutors allegedly failed to conscionable tribunal deadlines connected galore occasions, including "by delaying production" of assemblage camera footage.

"Constitutional violations could – and did – occur," Olguin wrote successful a 28-page order dismissing Parias's lawsuit connected Saturday.

"The authorities was good alert of the chiseled pathways disposable to them successful this case," helium said, agreeing with Parias's lawyers that his detention had "deprived him and his court-appointed counsel of the quality to conscionable and enactment unneurotic to hole for his defence astatine proceedings without undue inconvenience oregon hardship," thereby "jeopardizing his law rights," according to Olguin. "Moreover, the prejudice to Mr. Parias has been exacerbated by the government's behaviour particularly arsenic it relates to gathering deadlines and producing discovery."

According to the DOJ's criminal complaint, Parias — a Mexican migrant surviving successful L.A. — was the taxable of an "administrative apprehension warrant" that had been issued successful conjunction with a national migration proceeding erstwhile ICE agents encountered him successful October. He was allegedly leaving a location successful southbound Los Angeles and getting into a Toyota Camry erstwhile agents descended upon him.

"The Camry was boxed in," the ailment says. "Agents from ERO, HSI, and USMS approached the Camry and began giving Parias verbal commands to exit the car and taxable to arrest. Instead of heeding those commands, Parias drove the Camry some guardant and back, with the Camry making interaction with [law enforcement]."

Prosecutors said 1 of the national agents connected country attempted to interruption the driver's broadside model of the Camry, but Parias "still refused to taxable to arrest, and proceeded to thrust the Camry much aggressively," per the complaint. This allegedly caused the agents "to fearfulness that Parias whitethorn suffer power of the Camry and deed them."

Speaking successful Spanish, 1 of the agents tin beryllium heard telling Parias connected the assemblage camera to "get out, we're going to sprout you," according to the Los Angeles Times. Parias reportedly said helium doesn't person immoderate weapons and asked wherefore he's being detained.

"Kill me," Parias told the agents portion allegedly attempting to flee, according to the Times. An cause tin allegedly beryllium seen opening occurrence moments later.

"Oh … f—," the cause allegedly says.

Parias was hospitalized with a gunshot coiled to his elbow and arrested. Acting U.S. Attorney Bill Essayli described the incidental successful a statement, saying: "Parias… refused to comply with agents' orders and escalated what could person been a elemental apprehension into a life-threatening situation," according to section Fox affiliate KTTV.

Experts, including a erstwhile main of police, told the Times that the incidental was a "poor illustration of however to region idiosyncratic from a car that doesn't privation to get out." They reviewed the assemblage camera footage and determined that Parias was a unfortunate of "an accidental discharge," according to the newspaper.

Olguin said successful his bid that the authorities "conceded" that Parias's detention was "adversely affecting his close to counsel" aft his arrest. His proceedings was scheduled to commencement connected Tuesday earlier the justice dismissed his indictment with prejudice, which means DOJ prosecutors won't beryllium capable to refile the aforesaid charges against him.

More from Law&Crime: 'The Court has been arsenic clear': Judge dings DOJ for contemplating warrantless hunt of Comey friend's files 'in nonstop contravention' of tribunal orders

"The authorities did not nutrient immoderate find until Nov. 26, 2025, astir a period aft suspect made his archetypal find requests," Olguin noted. "Further, the authorities did not nutrient the body-worn camera footage recorded by the instrumentality enforcement serviceman who changeable Mr. Parias until Dec. 10, 2025 — 5 days aft the find cutoff — contempt the information that 'the defence has been requesting specified video recordings since October 28, 2025.'"

Olguin concluded that by delaying accumulation of the assemblage camera video, the authorities eliminated "any anticipation for the defence to reappraisal the footage" with Parias.

"With each passing day, the quality of defence counsel to conscionable with their lawsuit and hole for proceedings was further undermined, resulting successful adjacent much prejudice to defendant," helium said.

"This disruption of defendant's ongoing transgression proceedings is troubling due to the fact that the authorities has not asserted that Mr. Parias is the taxable of a last bid of removal, oregon adjacent whether removal proceedings person been initiated against him," Olguin added. "In short, the government's nonaccomplishment to coordinate the overlapping actions of its abstracted agencies portion relentlessly pursuing Mr. Parias's transgression proceedings created a concern from which law violations could – and did – occur."

Read Entire Article