'Exacerbated by the government's conduct': Obama judge kills Trump DOJ's case against immigrant TikToker shot by ICE, says feds 'deprived' him of access to lawyers
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Left: Carlitos Ricardo Parias being arrested in October after being shot by an ICE agent (KABC/Storyful). Right: Carlitos Ricardo Parias (TikTok/@RichardLa18).

In a significant legal development, a federal judge in California has dismissed the indictment against Carlitos Ricardo Parias, a well-known TikTok personality, following allegations of his rights being compromised by government actions. Parias, who is recognized under the handle Richard LA on social media and commands an impressive following of over 130,000, was shot by ICE agents and subsequently charged with assaulting a federal officer by allegedly “ramming” a law enforcement vehicle.

U.S. District Judge Fernando M. Olguin, appointed by former President Barack Obama, ruled that Parias’s constitutional rights had been “jeopardized.” The ruling highlighted that Parias was “deprived” of access to his court-appointed attorneys, which was a critical factor in the dismissal of the case. Parias’s legal team had repeatedly attempted to consult with him during his detention, but according to the judge, these attempts were consistently thwarted by government actions.

Adding to the procedural missteps, federal prosecutors were accused of failing to adhere to court deadlines, notably in delaying the release of crucial body camera footage. Judge Olguin’s 28-page decision underscored these failures, stating that such “constitutional violations could – and did – occur,” leading to the dismissal of the indictment.

The judge concurred with Parias’s attorneys that the government’s actions significantly hindered their ability to prepare a defense, thereby inflicting undue hardship and inconvenience. “The government’s conduct, especially concerning meeting deadlines and producing discovery, exacerbated the prejudice against Mr. Parias,” Olguin noted. This decision underscores the importance of safeguarding constitutional rights, particularly in cases involving high-profile defendants and complex legal proceedings.

“The government was well aware of the distinct pathways available to them in this case,” he said, agreeing with Parias’s lawyers that his detention had “deprived him and his court-appointed counsel of the ability to meet and work together to prepare for his defense at trial without undue inconvenience or hardship,” thereby “jeopardizing his constitutional rights,” according to Olguin. “Moreover, the prejudice to Mr. Parias has been exacerbated by the government’s conduct especially as it relates to meeting deadlines and producing discovery.”

According to the DOJ’s criminal complaint, Parias — a Mexican immigrant living in L.A. — was the subject of an “administrative arrest warrant” that had been issued in conjunction with a federal immigration proceeding when ICE agents encountered him in October. He was allegedly leaving a house in south Los Angeles and getting into a Toyota Camry when agents descended upon him.

“The Camry was boxed in,” the complaint says. “Agents from ERO, HSI, and USMS approached the Camry and began giving Parias verbal commands to exit the car and submit to arrest. Instead of heeding those commands, Parias drove the Camry both forward and back, with the Camry making contact with [law enforcement].”

Prosecutors said one of the federal agents on scene attempted to break the driver’s side window of the Camry, but Parias “still refused to submit to arrest, and proceeded to drive the Camry more aggressively,” per the complaint. This allegedly caused the agents “to fear that Parias may lose control of the Camry and hit them.”

Speaking in Spanish, one of the agents can be heard telling Parias on the body camera to “get out, we’re going to shoot you,” according to the Los Angeles Times. Parias reportedly said he doesn’t have any weapons and asked why he’s being detained.

“Kill me,” Parias told the agents while allegedly attempting to flee, according to the Times. An agent can allegedly be seen opening fire moments later.

“Oh … f—,” the agent allegedly says.

Parias was hospitalized with a gunshot wound to his elbow and arrested. Acting U.S. Attorney Bill Essayli described the incident in a statement, saying: “Parias… refused to comply with agents’ orders and escalated what could have been a simple arrest into a life-threatening situation,” according to local Fox affiliate KTTV.

Experts, including a former chief of police, told the Times that the incident was a “poor example of how to remove somebody from a car that doesn’t want to get out.” They reviewed the body camera footage and determined that Parias was a victim of “an accidental discharge,” according to the newspaper.

Olguin said in his order that the government “conceded” that Parias’s detention was “adversely affecting his right to counsel” after his arrest. His trial was scheduled to start on Tuesday before the judge dismissed his indictment with prejudice, which means DOJ prosecutors won’t be able to refile the same charges against him.

“The government did not produce any discovery until Nov. 26, 2025, nearly a month after defendant made his initial discovery requests,” Olguin noted. “Further, the government did not produce the body-worn camera footage recorded by the law enforcement officer who shot Mr. Parias until Dec. 10, 2025 — five days after the discovery cutoff — despite the fact that ‘the defense has been requesting such video recordings since October 28, 2025.’”

Olguin concluded that by delaying production of the body camera video, the government eliminated “any possibility for the defense to review the footage” with Parias.

“With each passing day, the ability of defense counsel to meet with their client and prepare for trial was further undermined, resulting in even more prejudice to defendant,” he said.

“This disruption of defendant’s ongoing criminal proceedings is troubling because the government has not asserted that Mr. Parias is the subject of a final order of removal, or even whether removal proceedings have been initiated against him,” Olguin added. “In short, the government’s failure to coordinate the overlapping actions of its separate agencies while relentlessly pursuing Mr. Parias’s criminal proceedings created a situation from which constitutional violations could – and did – occur.”

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