Ontario Man Denies Assaulting Federal Immigration Officer

Legal Proceedings Begin for Ontario Man Charged with Assaulting Federal Officer

A 25-year-old man from Ontario, California, has pleaded not guilty to a federal charge of assault on a federal officer. The incident occurred on October 30 when Carlos Jimenez allegedly backed his SUV toward a federal officer who was assisting in an immigration-enforcement operation. The court hearing took place on Tuesday, November 25, at the U.S. District Court in Riverside.

Jimenez faces up to 20 years in prison if convicted. The charge includes a sentencing enhancement for using a deadly weapon — his SUV. During the brief hearing, which lasted approximately three minutes, Jimenez told U.S. District Judge Sheri Pym, “Not guilty, your honor.” Pym set the trial date for January 12.

Several family members were present during the hearing. Jimenez, whose right arm was in a black sling, also confirmed that he understood his rights and had read the indictment. His federal public defender, Ayah Sarsour, raised concerns about the government not fulfilling requests to turn over evidence, including the identities of three witnesses. These witnesses could be the individuals in a Honda Accord that officers from U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection had pulled over on Vineyard Avenue around 6:30 a.m. on October 30.

Judge Pym ordered Assistant U.S. Attorney Courtney Williams to comply with these requests. Jimenez, who was shot by a federal agent during the incident, did not comment to reporters after the hearing. He simply said, “I’m sorry.” Sarsour also declined to comment, citing agency policy.

Details of the Incident

The case appears to revolve around Jimenez’s intentions during the encounter. According to a criminal complaint filed by the U.S. Attorney’s Office, officers pulled over the Honda as part of an immigration-enforcement action. While speaking with the driver, Jimenez approached in his Lexus SUV and engaged in a verbal altercation with the officers, the document states.

An ICE officer then approached Jimenez with a firearm in hand and ordered him to leave, according to the complaint. The officer holstered his gun and pulled out pepper spray. At this point, Jimenez drove forward, turned his wheels, and “rapidly accelerated” backward toward the Honda and a second officer. The Border Protection officer feared she and the Honda would be struck, prompting the ICE agent to fire, which shattered the vehicle’s right-rear window and injured Jimenez’s shoulder.

The indictment claims that Jimenez intentionally and forcibly assaulted, resisted, impeded, intimidated, and interfered with a U.S. Customs and Border Protection employee and used a deadly and dangerous weapon, namely, a car.

Defense Perspective

Greg Jackson, attorney for Jimenez in a possible civil action against the government, stated that Jimenez had pulled alongside the officers and alerted them that they were blocking a school bus stop where children would soon arrive. According to Jackson, Jimenez said he was making a three-point turn to drive away after one of the officers threatened him with a gun and pepper spray and told him, “Get the … out of here.”

Jackson added that it was at this point the ICE agent fired. 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 Jimenez’s shoulder, and doctors have indicated that attempting to remove it would risk further injury.

Questions About Law Enforcement Actions

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. Additionally, there are questions about why, as required by the agency’s use-of-force policy, they did not try to follow him and provide medical aid.

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