Attorney for Ontario man shot by ICE agent disputes claim that his client tried to assault officers
Nearly two weeks after a U.S. citizen was shot by an ICE agent in Ontario after the man allegedly tried to ram officers with his car, the suspect's attorney is disputing what ICE claims happened.
He is also questioning the actions of federal officers across the country as they conduct large-scale immigration sweeps.
"We're very concerned," said attorney Greg Jackson, who represents Carlos Jimenez, the man arrested by ICE. "It's not the first time we've seen ICE agents shoot at people with little to zero provocation."
The shooting happened at around 6:30 a.m. on Oct. 30 in the 2800 block of South Vineyard Avenue in Ontario.
ORIGINAL REPORT: ICE says man shot by agent in Ontario was interfering with an operation
ICE said they tried to conduct a traffic stop on the driver of a gray sedan when Jimenez tried to intervene. They claim Jimenez drove up to confront the officers, then placed his car into reverse and tried to run them over.
That's when an ICE agent opened fire, shooting out of the rear passenger window.
Jackson said his client never intended to hurt anyone, but was attempting to alert the ICE agents that they were parked in front of a school bus stop and children were soon going to be arriving at the location.
"The male officer that was right next to his vehicle immediately told him to get the F out of here, and had his gun drawn and pointed at Mr. Jimenez's face," Jackson said. "The officer then holsters his gun and pulls out his pepper spray, and starts shaking it."
Jackson said Jimenez then tried to make a three-point turn to leave the scene.
"To get past them, to follow the officer's instructions, Mr. Jimenez had to back up. Because if he had just pulled forward, he would have hit their vehicles. So, he backs up and then he pulls forward, and after he's already started pulling forward is when he hears a gunshot and feels that he's been shot in the shoulder," Jackson said.
Jackson said Jimenez then drove to his home at an adjacent mobile home park and asked his wife to take him to the hospital.
According to Jackson, Jimenez never received proper treatment for his injuries. He said the FBI arrived at the hospital, took Jimenez into custody before he could be treated, and drove him back to the scene to be interrogated.
"(Jimenez) asked for treatment while he was being interrogated by the FBI. They provided him bags for him to vomit in, and they had a medical triage person slap, essentially, a band-aid on him, but no actual treatment," the attorney said.
According to ICE, Jimenez was booked into the West Valley Detention Center in Rancho Cucamonga and is facing one felony charge for assault on a federal officer.
In a statement, ICE said, in part, "This is another example of the threats our ICE officers are facing day-in and day-out as they risk their lives to enforce the law and arrest criminals. ICE officers now face a 1000% increase in assaults on them, including cars being used as weapons, and death threats against our agents are up 8000%. This violence must end. Let me be clear: Anyone who assaults, impedes, obstructs, or threatens the lives of federal officers will be arrested and prosecuted to the fullest extent of the law."
Jimenez appeared in federal court two days after the shooting, was released on $10,000 bond, and ordered to wear an ankle monitor.
Jackson says the same federal judge was overseeing another case in which ICE agents opened fire in San Bernardino . In that case, Jackson says agents boxed in another client of his, broke a window, punched him in the head, and fired at him as he was driving off.
The government later dropped all charges in that case.
Jackson said his client in the Ontario incident is considering filing a claim for damages against the federal government.
"He's a really sweet guy," said Jackson about Jimenez. "He works full-time for a food pantry as a donation coordinator, where he's worked for the past two to three years. He loves giving back to the community. He had no desire to hurt anybody, and this has now this has kind of really shaken him."
