NorCal man shot by ICE sees family for first time; claims he drove away after officers shot first
PATTERSON, Calif. (KGO) -- The family and attorney of the man shot by ICE agents in Patterson Tuesday were able to meet with him this morning for the first time since the incident.
Carlos Mendoza Hernandez is recovering in the hospital following multiple surgeries after being shot.
His attorney, Patrick Kolasinski, says he was hit at least six times, including in the jaw and arm -- but he's expected to leave the ICU sometime Thursday.
"He's on the road to recovery, which we're very, very, very grateful for," Kolasinski said.
Mendoza Hernandez was the target of an ICE traffic stop two days prior in Patterson.
RELATED: Attorney says man shot by ICE in Stanislaus Co. is not gang member, ICE had 'bad information'
ICE has said in a statement that it was arresting Mendoza Hernandez for questioning in connection with a murder case in El Salvador.
Mendoza Hernandez shared his account with Kolasinski from his hospital bed.
"They told them that they were ICE and they were going to take him into custody, and he asked questions about that," Kolasinski said. "He asked to call his wife, and that's when the situation spiraled out of hand. He wasn't doing what they asked, which was step out of the vehicle and surrender. He was simply saying he wanted to call his wife and somebody shot him."
In his statement Tuesday, acting ICE Director Todd Lyons said that Mendoza Hernandez "weaponized his vehicle" and attempted to run over the officer. That's when they fired "defensive shots to protect themselves, their fellow agents, and the public."
RELATED: Dashcam video shows what led up to ICE shooting after traffic stop in Stanislaus Co.
Kolasinski says witnesses at the scene back up the claims of Mendoza Hernandez.
"He's not able to speak very clearly because of his injuries, but he was very, very clear on this point that he moved backwards, as we see on the video, because he was trying to get away because he was being shot at," Kolasinski said.
"Based on the video, it didn't look good," said retired San Jose police sergeant Scott Castruita, who is co-producer of Fugitive Watch.
He says SJPD protocols prohibited officers from shooting at a fleeing suspect without proper justification. Castruita says the FBI investigation will ultimately determine if this was right or wrong.
RELATED: ICE involved in shooting in Stanislaus County, officials confirm
"Based on what I saw, I saw a guy trying to get away," Castruita said. "I didn't see an officer in danger. But again, you need to be able to articulate the fact that you feared for your life or the life of somebody else, and this was the only means that you had at your disposal to shoot the guy. I wouldn't be able to articulate that from the vehicles. Now, what would be great is if they had body cams."
We also hope to learn from this investigation whether or not ICE acted on correct information when attempting this arrest in the first place.
Kolasinski said Wednesday, he has obtained a document from the government of El Salvador that he claims will prove Mendoza Hernandez was once arrested and accused of murder, but was acquitted.
Kolasinski says that Mendoza Hernandez is not being detained by the DOJ at this point, and he's free to leave the hospital when he's healthy enough to do so.
