The Ontario man who was shot after he backed his car toward federal officers making an immigration-enforcement stop pleaded not guilty to a charge of assault on a federal officer on Tuesday, Nov. 25, in U.S. District Court in Riverside.
Carlos Jimenez, 25, faces 20 years in prison if convicted of the federal charge, which includes a sentencing enhancement of using a deadly weapon â his SUV.
Asked for his plea, Jimenez told U.S. District Judge Sheri Pym, âNot guilty, your honor.â
Pym set a date of Dec. 18 to hear motions and a trial date of Jan. 12.
During the approximate 3-minute hearing attended by several of his family members, Jimenez, his right arm in a black sling, also told Pym that he understood his rights and that he had read the indictment
Sarsour told the judge that the government had not fulfilled three requests to turn over evidence, including the identities of three witnesses. Those witnesses could be the three people who were in a Honda Accord that Immigration and Customs Enforcement and Customs and Border Protection officers had pulled over on Vineyard Avenue about 6:30 a.m. on Oct. 30.
Pym ordered Assistant U.S. Attorney Courtney Williams to have her office comply with the requests.
Jimenez declined to comment afterward. âIâm sorry,â he told reporters. His attorney, Federal Public Defender Ayah Sarsour, also declined to comment, citing agency policy.
The case appears to center on Jimenezâs intentions.
The U.S. Attorneyâs Office wrote in a criminal complaint that officers pulled over the Honda as part of what prosecutors say was an immigration enforcement action. While officers spoke with the driver, Jimenez approached in his Lexus SUV and engaged in âa verbal altercationâ with officers, the complaint said.
An ICE officer walked up to Jimenez âfirearm in handâ and ordered Jimenez to leave, the complaint says. The officer then holstered his gun and pulled out pepper spray. It was then that Jimenez drove forward, turned his wheels and ârapidly acceleratedâ backward toward the Honda and a second officer. That Border Protection officer feared she and the Honda would be struck, according to the document.
Thatâs when the ICE agent fired, shattering the vehicleâs right rear window and putting a bullet in Jimenezâs shoulder.
The indictment said âCarlos Jimenez intentionally and forcibly assaulted, resisted, impeded, intimidated, and interfered with victim N.J., an employee of United States Customs and Border Protection ⌠and in doing so, used a deadly and dangerous weapon, namely, a car.â
Greg Jackson, the attorney representing Jimenez in a possible civil action against the government, said Jimenez had pulled alongside the officers and alerted them that they were blocking a school bus stop where children would soon arrive. Jimenez, according to the attorney, said he was making a three-point turn to drive away after he said one of the officers threatened him with a gun and pepper spray and told him, âGet the ⌠out of here.â
Thatâs when the ICE agent fired, Jackson said. Jimenez called 911 as he drove to his nearby home. Relatives took him to a hospital, where FBI agents arrested him.
The bullet remains in Jimenezâs shoulder. Doctors have said attempting to remove it would risk further injury.
Homeland Security Investigations spokespeople have not directly responded to questions about why, if officers believed Jimenez had committed a crime and was dangerous, they did not pursue him as he drove away; and why, as required by the HSI use-of-force policy, they did not render medical aid.