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By Billal Rahman
Immigration Reporter
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A federal judge has dismissed the criminal case against an American TikToker who was shot and wounded by Immigration and Customs Enforcement (ICE) agents earlier this year, just days before his trial was set to begin on Tuesday.
The Context
Carlitos Ricardo Parias, a 44-year-old TikTok content creator known for covering local breaking news, was shot in October during an immigration enforcement operation in the 400 block of East 20th Street near Trinity Street in South Los Angeles. Federal authorities later accused him of using his car as a weapon against agents attempting to serve an administrative arrest warrant.
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What To Know
Prosecutors said Parias rammed law enforcement vehicles after agents boxed him in while attempting to serve an administrative arrest warrant. During the confrontation, an ICE officer fired at Parias' vehicle, striking him in the arm, and a deputy U.S. marshal was injured by a ricochet, according to the Department of Homeland Security (DHS).
U.S. District Judge Fernando M. Olguin dismissed the indictment with prejudice on December 28, finding that Parias' constitutional rights were violated, as he had restricted access to legal counsel while he was being held in ICE detention—including being housed at a facility far from his attorneys, which hindered his ability to prepare a defense.
Olguin criticized the government over delays in sharing evidence with the defense, noting that no discovery—including body-worn camera footage—was produced until November 26, almost a month after the initial request, and that additional materials continued to be provided well past the discovery deadline.
"In short, because the deprivation of Mr. Parias' access to counsel during the critical period prior to his trial caused him actual and threatened prejudice, and because no other remedy could adequately cure his deprivation, the court agrees with defendant that dismissal of the indictment is warranted," Olguin wrote in his ruling.
While the criminal charges against Parias have been dismissed, he may remain in ICE custody as his immigration proceedings continue. Federal authorities attempted to arrest him on October 21 under an administrative warrant related to a federal immigration case. DHS officials have said Parias is in the United States illegally.
Tricia McLaughlin, a DHS spokesperson, previously said Parias had "weaponized his vehicle," adding, "Fearing for the safety of the public and law enforcement, our officers followed their training and fired defensive shots."
Newly obtained body‑worn camera footage raises questions about the government's account. The video shows an ICE officer breaking open Parias' car window while he raised his hands and asked why he was being detained, with the officer appearing to fire shortly afterward. At the time, Parias' vehicle did not appear to be moving.
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What People Are Saying
DHS Assistant Secretary Tricia McLaughlin told Newsweek: “During a targeted enforcement traffic stop in the Los Angeles area, Carlito Ricardo Parias—who had previously escaped from custody—attempted to evade arrest yet again. ICE law enforcement officers, assisted by U.S. Marshals, pulled the illegal alien from Mexico over in a standard law enforcement procedure. The illegal alien weaponized his vehicle and began ramming the law enforcement vehicle in an attempt to flee. Fearing for the safety of the public and law enforcement, our officers followed their training and fired defensive shots. The illegal alien was shot in the elbow and one law enforcement officer was shot in the hand by a ricochet bullet. Both are in the hospital."
She continued: “Emergency medical services transported both Parias and the USMS officer to the nearest hospital for treatment. Parias and the USMS officer are in stable condition and awaiting non-life-threatening surgery. Homeland Security Investigations is perusing criminal charges for assaulting, resisting, or impeding federal law enforcement. Parias has a history of driving without a license, failing to prove financial responsibility, vehicle code violations, and resisting arrest. He entered the country illegally at an unknown date and location.”
Federal Public Defender Cuauhtemoc Ortega and Deputy Federal Public Defender Gabriela Rivera, who represented Carlitos Ricardo Parias, said in a joint statement: "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. We are grateful that Mr. Parias' constitutional rights were vindicated."
Acting United States Attorney Bill Essayli said in a news release: "A vehicle is a deadly weapon. If it is used against federal agents, not only will you face years in federal prison, but you also face the possibility of deadly force being used against you. We will continue to use every tool in our legal arsenal to protect our agents enforcing immigration laws enacted by Congress."
Update, 12/29/25, 11:05 a.m. ET: This article was updated with comment from DHS.
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