An ICE agent whose vehicle struck fleeing construction worker Miguel Parra-Hernandez in northwest Houston on Saturday could be charged with aggravated assault with a deadly weapon, the Harris County District Attorney’s Office confirmed Tuesday.
According to District Attorney Sean Teare, experienced law enforcement officers who have reviewed surveillance video and footage recorded by witnesses say they believe that when the ICE agent’s vehicle struck Parra-Hernandez, running over his legs, “it is not an accidental strike.”
According to relatives, Parra-Hernandez, 48, has lived in Houston for more than three decades and was driving to work around 7:30 a.m. on October 10 with an unidentified passenger in a truck that did not belong to him.
Video footage shows that when ICE agents, in an unmarked Jeep Cherokee, pursued the truck into a shopping center near Clay Road and Highway 6, Parra-Hernandez and his passenger fled. The passenger has not been captured.
Although the county sheriff’s department immediately responded and said it is investigating the matter as a pedestrian-vehicle incident, Teare announced Monday he is also conducting an independent probe.
“ICE tactics are growing more brazen and more dangerous,” Teare said in a statement. “High-speed pursuits and aggressive operations on busy streets put everyone at risk. No badge puts anyone above the law in Harris County and we will continue to follow evidence wherever it may lead.”
ICE agents confirmed in a brief statement after the crash that their intended target was Jose Mendoza-Cervantes, whom they described as a convicted felon who has been deported several times and illegally re-entered the United States.
Parras-Hernandez’s family members — a sister, two brothers and a niece — met with reporters the day after the collision and said that Parras-Hernandez has no criminal history and was in the process of getting his citizenship. They also say he doesn’t know Mendoza-Cervantes and that’s not who was in the truck with him. It’s unknown who the truck was registered to.
At the Sunday news conference, Cesar Espinosa, executive director of the immigrant-led civil rights group FIEL Houston, said he’s been told that a felony warrant was assigned to the truck Parras-Hernandez was driving.
Parra-Hernandez remains at Memorial Hermann Katy. Original reports claimed that both his legs were broken; Espinosa said Monday that one leg is broken in three places.
“Miguel underwent surgery for his leg,” Espinosa said. “He has an injury on his hip and a little bit below his knee, and his ankle is fractured. He was given a timeline of about six weeks before he can put any weight on his leg. He still has multiple surgeries to undergo to reconstruct his leg, which he cannot do right now due to swelling.”
A DA’s Office spokesman said he could not confirm the extent of the injuries and had not seen the medical records.
Immigration attorney Kim Bruno is representing Parra-Hernandez. Espinosa said he and Bruno attempted to visit Parra-Hernandez in the hospital on Monday and were “kicked out” by ICE agents supervising the patient. “They used false legal narratives to say that we could not see him even though he is not yet formally in custody of ICE. It’s his right to visit with his attorney. They called police on us because they said we were violating their policy.”
Espinosa said he plans to hold another press conference later this week and will release more information then.
Teare is also investigating the July 7 fatal shooting of Mexican immigrant Lorenzo Salgado Araujo by an ICE agent. The stories have striking similarities: Araujo was also a construction worker who had lived in Houston for more than three decades. He was also driving to work when he was pursued by an unmarked vehicle. He was also not the intended target of the immigration sting.
Prosecutors began presenting evidence before a grand jury last month in the Araujo case, but have declined to comment on those proceedings.
Teare said Monday that the case involving Parra-Hernandez is much more straightforward than Araujo’s, and a charge, if there is one, won’t take long to secure.
The DA added that he believes the ICE agents involved in the crash may have been equipped with body-worn cameras but didn’t know if they were turned on. He asked anyone with evidence to contact the his office at 713-274-5800.
