Overview
- U.S. District Judge Fernando M. Olguin threw out the case with prejudice days before trial, barring prosecutors from refiling the same counts.
- The court found that detention at Adelanto effectively denied Carlitos Ricardo Parias meaningful access to his lawyers during the critical pretrial period.
- Prosecutors missed discovery deadlines, first producing materials on Nov. 26 and turning over the shooter’s body-camera video after the cutoff.
- Video described in court filings and reports shows an officer breaking Parias’ window with a gun in hand and firing as Parias raised his hands, undercutting parts of DHS’s earlier account.
- Parias had been charged with assault on a federal officer and depredation of government property after the Oct. 21 operation in which he was shot in the arm and a ricochet injured a deputy U.S. marshal.