Man shot by ICE in Patterson is now in FBI custody according to attorney

FRESNO, Calif. (KFSN) -- The attorney for 36-year-old Carlos Ivan Mendoza Hernandez says he was taken out of the hospital Monday afternoon and directly into FBI custody following a warrant.

He says neither he or the family were given communication about this warrant by the FBI.

"He was apparently released from the hospital. His family was not notified that he was being released until after he was already in FBI custody," says Patrick Kolasinski, the lawyer who represents Hernandez.

The 36-year-old was shot several times by ICE agents in Patterson last week during a targeted traffic stop. Kolasinski fears his client will be reinjured in transit.

"We don't know whether he's being transported by ambulance or in the backseat of a car. We genuinely know nothing. He just had surgery yesterday. He has open wounds, there's extreme pain that he's being put to as he's transported," says Kolasinski.

Dashcam footage obtained by Action News shows the moments Hernandez's car backed into a truck before it sped forward. You can see ICE Agents then open fire.

DHS claims Hernandez "weaponized his vehicle," but Kolasinski says his client was trying to flee.

Over the weekend, an eyewitness came forward with another vantage point, claiming she heard a single gunshot before she saw Hernandez's car move.

"I started reversing because I was scared. I was scared that we were going to get shot," says Christina.

ICE says Hernandez is a known gang member and is wanted in El Salvador in connection to a murder, but Kolasinski calls these claims false. He provided documents from the Salvadorian Government that he believes prove his client was acquitted of the murder charge.

Now, awaiting Hernandez's criminal complaint, Kolasinski says he plans to fight any charges brought against his client.

"He is not guilty. ICE shot before he did anything, and he was simply trying to flee," says Kolasinski.

Hernandez and his fiancé were pulled over just days prior to the shooting, for what authorities say was because of a broken windshield. Kolasinski believes this started it all.

Hernandez is a father with a two-year-old daughter at home. His family is now left with more questions than answers.

"I understand they want to look for people. I understand they want to make this country better as they mentioned, but in reality, they're impacting families. In this case, it's my family," says Cindy, Hernandez's fiancé.

Action News did reach out to the FBI and the US Attorney's Office. They say they plan to release information on this case on Tuesday.

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