Trump DOJ’s case against immigrant TikToker shot by ICE is dismissed by an Obama judge, who claims that the feds “deprived” him of legal representation.

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Trump DOJ's case against immigrant TikToker shot by ICE is dismissed by an Obama judge, who claims that the feds "deprived" him of legal representation.

A federal judge in California dismissed with prejudice the indictment against Carlitos Ricardo Parias, a 44-year-old Mexican immigrant and TikTok streamer known as Richard LA with over 130,000 followers, who was charged with assault on a federal officer after an October 2025 incident involving ICE agents. U.S. District Judge Fernando M. Olguin ruled that government actions—repeatedly denying Parias access to his court-appointed lawyers during detention and failing to meet discovery deadlines, including delaying body camera footage until December 10—jeopardized his constitutional rights to counsel and a fair trial. The dismissal prevents prosecutors from refiling the same charges.

Incident Details

ICE agents approached Parias in south Los Angeles under an administrative arrest warrant tied to immigration proceedings, as he entered a Toyota Camry; he allegedly drove forward and backward, contacting law enforcement vehicles, and refused commands to exit, prompting an agent to shoot him in the elbow. Parias was hospitalized, then detained; body cam audio captured agents warning in Spanish to exit or face being shot, with Parias responding he had no weapons and challenging them to “kill me.”

Judge’s Rationale

Olguin highlighted how detention hindered defense preparation, with no discovery until November 26 and critical shooting footage produced post-cutoff, despite requests since October 28, exacerbating prejudice. The government conceded detention impacted counsel access, and experts reviewing footage deemed the shooting an accidental discharge during a mishandled extraction. No final removal order or active proceedings were noted, underscoring agency coordination failures.

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