ICE officer indicted for allegedly hitting man with SUV in Houston

Explainer

A grand jury indicted a U.S. Immigration and Customs Enforcement officer Friday on a charge of aggravated assault with a deadly weapon. Prosecutors said Mario Alberto Morales intentionally struck a man with his unmarked SUV during an enforcement operation in Houston on Oct. 10. The victim, Miguel Parra Hernandez, suffered a broken leg and is being held in federal custody at a rehabilitation facility. Harris County District Attorney Sean Teare announced the indictment at a news conference where he presented video evidence. ICE has called the allegations reckless and false, arguing local authorities cannot investigate federal officers acting in their official capacity.

Teare said video evidence contradicts the agency's claim that Parra Hernandez ran in front of the vehicle. Surveillance footage shows a Jeep Cherokee driving over a median toward the man as he fled. Body camera video from Morales shows him driving and discussing a pursuit before the SUV shakes. After stopping, Morales exits the vehicle and sees Parra Hernandez on the ground holding his injured leg and yelling. The officer is heard saying, “He got hit with a car, bro,” and later stating, “I was coming in and I hit him with the car.” Teare said the footage makes the case clear. “The evidence we have in this case is as clear as any that I’ve ever prosecuted or investigated,” Teare said.

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What does ICE say happened?

U.S. Immigration and Customs Enforcement maintains that Parra Hernandez stepped in front of the vehicle during an attempt to apprehend another individual. The agency issued a statement calling the indictment a political stunt. “Allegations that ICE struck Miguel Parra-Hernandez intentionally are RECKLESS and FALSE,” the agency said. ICE also contends that Harris County officials lack jurisdiction to probe the actions of federal officers performing their duties. Agents were reportedly attempting to arrest Jose Mendoza-Cervantes, a man with a criminal record and a final deportation order, who was seen with Parra Hernandez.

Morales’s lawyer, David Lindenmuth, denied his client committed any crime and accused the district attorney of political motives. “Mr. Morales is truly a good man, a former member of our military, that has given his entire life to public service either for his country or in or adjacent to law enforcement,” Lindenmuth told The Associated Press. He said the charge was fabricated. “To have him charged for what was so clearly just an accident, the DA’s office, the DA himself, has invented a crime out of thin air.” Morales served as an ICE Enforcement and Removal Operations officer for just over a year. He faces a second-degree felony charge, and a warrant will be issued for his arrest as he was not in custody Friday.

Who is Miguel Parra Hernandez?

Miguel Parra Hernandez is a 48-year-old construction worker who has lived in Harris County for more than three decades. According to the district attorney, he has no criminal history or active deportation order. The immigrant advocacy group FIEL, which is assisting his family, says he was living in the United States without legal authorization. ICE initially stated its operation targeted Jose Mendoza-Cervantes, who was allegedly seen with Parra Hernandez. Parra Hernandez’s family says they do not know that individual, and FIEL reports that Mendoza-Cervantes’s daughter says her father died in 2017 under a different name.

The district attorney’s investigation found no evidence the two men were together in a vehicle, contrary to the ICE account. The agency has not addressed assertions that the person it sought has been dead for years. FIEL executive director Cesar Espinosa said Parra Hernandez’s leg was fractured in three places, requiring surgery. The group hopes the criminal indictment will aid efforts to secure his release from federal detention.

Is there a broader conflict with federal authorities?

District Attorney Sean Teare has accused the Department of Homeland Security of obstructing his investigation into the October incident. He said ICE destroyed evidence, either deliberately or through negligence, and that Morales departed before investigators could secure his vehicle. Teare also cited a lack of cooperation from DHS regarding a separate fatal shooting by an ICE officer in Houston this past July. In that case, DHS said Lorenzo Salgado Araujo used his van as a weapon, prompting an agent to fire in self-defense, a version disputed by other occupants of the vehicle. Morales is among a small number of federal officers criminally charged for actions taken during immigration enforcement under the Trump administration. Teare indicated he has concerns about the officer’s background but declined to elaborate. A warrant for Morales’s arrest will be issued following the indictment.

With files from CityNews, CBC News and Castanet