Man Was Wounded By Ice Officers More Than Half A Dozen Times, Attorney Says

The man ICE changeable 2 days ago successful Northern California "has a agelong betterment up of him" aft he was wounded much than half a twelve times, according to his attorney, who visited him astatine nan infirmary for nan first clip Thursday.

Carlos Ivan Mendoza Hernandez, 36, has had astatine slightest 3 important operations to spot up his wounds, including a visible 1 successful his face, Patrick Kolasinski, nan lawyer representing Mendoza Hernandez and his family, said connected a virtual media telephone pursuing nan infirmary visit.

According to Kolasinski, Mendoza Hernandez insists that ICE officers who pulled him complete opened fired astatine him first and that that's why he backed up nan car.

“He was trying to get distant because he’d already been changeable at, and he was conscionable frightened that he was going to die,” Kolasinski said.

Kolasinski said it's unclear precisely really galore bullets struck Mendoza Hernandez because of "what they do erstwhile they participate your body."

ICE Director Todd Lyons said successful a connection Tuesday that Mendoza Hernandez “weaponized his conveyance successful an effort to tally an serviceman over. Following their training, our officers fired protect shots to protect themselves, their chap agents, and nan public.”

Kolasinski said Mendoza Hernandez told him he thought it was a regular postulation extremity erstwhile officers pulled him complete Tuesday greeting while he was connected his measurement to activity rehabilitating buildings.

According to Mendoza Hernandez, officers identified themselves arsenic ICE unit aft he handed complete his driver's licence astatine their request. Kolasinski said. When nan ICE officers told him they were going to return him into custody, Mendoza Hernandez asked to telephone his wife, Kolasinski said.

Members of nan FBI grounds consequence squad analyse nan shooting successful Patterson connected Tuesday.Andy Alfaro / The Modesto Bee / TNS via Getty Images

"The business spiraled retired of hand," Kolasinski said, aft officers kept telling Mendoza Hernandez to measurement retired of his conveyance but he stayed successful nan car and kept asking to interaction his wife. "He was simply saying he wanted to telephone his wife, and personification changeable him," Kolasinski said.

A witness dashcam video obtained by NBC connection KCRA of Sacramento shows 3 officers opinionated astir a stopped car connected nan broadside of nan road, pinch 1 of nan officers appearing to beryllium rubbing its driver-side window.

When nan car originates to backmost up and turn, nan serviceman who was opinionated by nan driver-side model draws his limb and appears to unfastened occurrence astatine nan driver. The car quickly hits different car parked down it. At slightest 2 of nan agents person weapons drawn, pointing astatine nan car. The driver past pulls guardant toward wherever nan officers are opinionated and turns sharply. The video ends showing nan car driving complete nan roadway median.

It's not clear from nan video, which has nary sound, erstwhile nan shots were fired.

Kolasinski said Mendoza Hernandez told him "he moved backwards, arsenic we spot successful nan video, because he was trying to get away, because he was being changeable at. It's not that his activity of nan conveyance triggered nan shooting, but rather nan different measurement around."

Lyons said nan officers conducted a targeted extremity because Mendoza was “an 18th Street Gang personnel wanted successful El Salvador for questioning successful relationship to a murder.”

Kolasinski and Mendoza Hernandez’s fiancée, Cindy, rebutted nan agency’s narrative astatine a news convention Wednesday. They said Mendoza Hernandez was ne'er successful a gang.

Kolasinski has shared a tribunal archive from El Salvador that shows Mendoza Hernandez was acquitted successful October 2019 aft he was accused of murder. There's nary mention successful nan archive that he belonged to a pack aliases had committed pack activity.

NBC News reached retired to DHS astir nan tribunal documents from El Salvador connected Wednesday but didn't person a response. When NBC News asked DHS connected Thursday astir Mendoza Hernandez's allegations that ICE changeable first, it referred to Lyons' connection Tuesday.

Mendoza Hernandez, a dual national of El Salvador and Mexico, came to nan U.S. successful 2019 pursuing his acquittal. Kolasinski said Thursday that he lacks ineligible migration status.

According to Kolasinski, Mendoza Hernandez isn't nether apprehension aliases being detained arsenic a suspect. The Justice Department declined to remark connected Mendoza's lawsuit Thursday.

Kolasinski added that Mendoza Hernandez is expected to beryllium moved retired of intensive attraction later Thursday aft having spent astir of nan past 2 days unconscious because of medicine and “significant pain” from his injuries.

NBC News has reached to nan infirmary successful Modesto wherever Mendoza Hernandez is being treated but has not received an contiguous response.

“We’re very hopeful for his recovery,” Kolasinski said.