Federal Judge Dismisses DOJ’s Case Against Immigrant TikToker Shot by ICE, Citing Government Misconduct and Legal Deprivation

In a significant legal decision, a federal judge in California has dismissed the indictment against a renowned TikTok influencer, Carlitos Ricardo Parias, known online as Richard LA. Parias was shot by ICE agents and faced accusations of “ramming” a law enforcement vehicle. However, the judge determined that the government’s actions compromised his constitutional rights, notably by denying him access to his court-appointed attorneys.

Parias, who boasts over 130,000 followers on social media, was arrested following an October incident where he was charged with assaulting a federal officer. His legal team argued that repeated attempts to confer with him during his detention were thwarted by the authorities. U.S. District Judge Fernando M. Olguin, who was appointed by former President Barack Obama, highlighted these issues in his ruling, noting the government’s persistent refusal to facilitate meetings between Parias and his legal counsel.

The situation was further complicated by the federal prosecutors’ consistent failure to adhere to court deadlines, notably by delaying the release of crucial body camera footage. Judge Olguin emphasized in his 28-page order that such constitutional breaches indeed occurred, leading to the dismissal of Parias’s case.

The judge concurred with the defense that Parias’s inability to collaborate with his lawyers due to his detention posed significant challenges to preparing his defense, thereby undermining his legal rights. The judge also criticized the government’s handling of deadlines and evidence production, which further prejudiced Parias’s case.

Details from the Department of Justice’s criminal complaint revealed that Parias, a Mexican immigrant residing in Los Angeles, was targeted by an “administrative arrest warrant” linked to a federal immigration process. The confrontation with ICE agents occurred as he was leaving a residence in south Los Angeles and entering a Toyota Camry, setting off the chain of events leading to his arrest and subsequent legal battle.

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.”