A federal judge has dismissed the criminal case against a Los Angeles–based TikTok creator who was shot by Immigration and Customs Enforcement (ICE) agents during an arrest attempt earlier this year, ruling that the government violated his constitutional rights just days before his trial was set to begin.
U.S. District Judge Fernando M. Olguin dismissed the indictment with prejudice on December 28, meaning prosecutors cannot refile the charges.
What Happened
The case centered on Carlitos Ricardo Parias, 44, a TikTok content creator known for posting local breaking news videos. Parias was shot in the arm in October during an ICE enforcement operation near East 20th Street and Trinity Street in South Los Angeles.
Federal authorities alleged that Parias used his car as a weapon, claiming he rammed law enforcement vehicles after agents boxed him in while attempting to serve an administrative immigration arrest warrant. During the encounter, an ICE officer fired into Parias’ vehicle, and a deputy U.S. marshal was injured by a ricochet, according to the Department of Homeland Security (DHS).
Judge Cites Constitutional Violations
In his ruling, Judge Olguin found that Parias’ right to legal counsel was violated while he was held in ICE detention.
Parias was housed far from his attorneys, severely limiting his ability to meet with them and prepare for trial. The judge also sharply criticized the government for repeated delays in turning over evidence.
According to the ruling, prosecutors failed to produce any discovery—including body-worn camera footage—until November 26, nearly a month after defense attorneys requested it. Additional evidence continued to be disclosed well after court-ordered deadlines.
“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 that dismissal of the indictment is warranted,” Olguin wrote.
Conflicting Accounts of the Shooting
DHS spokesperson Tricia McLaughlin previously claimed Parias had “weaponized his vehicle,” saying officers fired “defensive shots” out of concern for public safety.
However, newly released body-worn camera footage appears to contradict that account. The video shows an ICE officer breaking Parias’ car window while he raised his hands and asked why he was being detained. Moments later, the officer appears to fire. At the time, Parias’ vehicle does not appear to be moving.
What Happens Next
Although the criminal charges have been dismissed, Parias may remain in ICE custody as his immigration proceedings continue. DHS has said he is in the U.S. unlawfully and was being arrested under an administrative immigration warrant.
Parias’ defense attorneys welcomed the ruling.
“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 evidence,” said Federal Public Defender Cuauhtemoc Ortega and Deputy Federal Public Defender Gabriela Rivera.
Acting U.S. Attorney Bill Essayli defended law enforcement actions in a separate statement, warning that vehicles can be deadly weapons and that agents may use lethal force if threatened.
