Judge Rejects Assault Charges Against TikToker Shot by Immigration Agents as Footage Contradicts Government Claims

A federal judge has dismissed assault charges against a Los Angeles TikTok streamer who was shot by an immigration agent during an enforcement operation, ruling that prosecutors violated his constitutional rights and failed to disclose key evidence on time.

U.S. District Judge Fernando Olguin on Saturday dismissed with prejudice an indictment against Carlitos Ricardo Parias, a TikTok creator known for livestreaming immigration enforcement activity. The dismissal bars prosecutors from refiling the same assault charges.

Parias was accused of assaulting federal officers during an October incident in which agents surrounded his vehicle near his home in Los Angeles. Prosecutors alleged he used his car as a weapon by ramming law enforcement vehicles. During the encounter, an immigration agent fired his weapon, shooting Parias in the elbow. A ricochet bullet struck a deputy U.S. marshal in the hand.

Body-worn camera footage reviewed by the Los Angeles Times showed Parias's car did not appear to be moving immediately before the shooting. The footage also captured an officer threatening to shoot Parias if he did not exit the vehicle.

In his ruling, Olguin said the government deprived Parias of his right to a fair trial by transferring him to the Adelanto ICE processing center immediately after he was released on bond in the criminal case, as The Guardian reports. The judge said ICE restrictions at the facility made it "difficult, if not impossible" for Parias to meet with his attorneys, causing "demonstrable prejudice."

Olguin also cited the government's failure to meet discovery deadlines, including delays in producing body-camera footage of the shooting.

"While we remain quite confident that a jury would readily acquit Mr. Parias, the government prejudiced his right to a fair and speedy trial," said federal public defender Cuauhtemoc Ortega, who represented Parias alongside deputy defender Gabriela Rivera.

The U.S. attorney's office in Los Angeles said it disagreed with the ruling:

"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"

Parias, 44, had been charged after livestreaming immigration raids in southern California amid the Trump administration's expanded enforcement campaign. Authorities said agents were attempting to arrest him on an administrative immigration warrant when the shooting occurred.

Although the criminal case has been dismissed, Parias could remain in immigration detention while his immigration proceedings continue.