Harris County DA reviews video of ICE agent hitting man with vehicle, and calls the act an aggravated assault: ‘It’s pretty obvious’

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Miguel Parra Hernandez was struck by an unmarked ICE vehicle during an immigration stop in Houston on Saturday. The 48-year-old was reportedly on foot at the time. Local investigators collected video of the incident that Harris County District Attorney Sean Teare has now reviewed. Teare said the footage makes the driver’s actions clear. “My viewing of it, and many other investigators that have viewed it, as well, it’s pretty obvious that this was an intentional striking and running over of the person by the vehicle, and in that case, that is an aggravated assault with a deadly weapon in Texas,” he told NBC News. Parra suffered multiple breaks and fractures, according to his attorney and Cesar Espinosa, co-founder and executive director of the immigrant civil rights group FIEL. Espinosa said Parra had surgery on one leg and faces several more operations. An ICE spokesman said over the weekend that officers were pursuing fleeing men and that “Miguel Parra Hernandez ran in front of an ICE vehicle and was struck.” Investigators review video and vehicle data from the stop The video obtained by KPRC shows a white truck traveling the wrong way on a busy road. It jumps a yellow median and moves toward Parra as he runs. The unmarked vehicle then appears to swerve left into Parra’s path in front of a truck stopped near a shopping center. After that truck leaves, a man is visible on the pavement behind the ICE vehicle. Teare, a Democrat, announced late Monday that his office had opened its own investigation. He said the federal government is not cooperating with work by his office and the Harris County Sheriff’s Office. He also said ICE may have allowed critical data in the vehicle to be erased. The vehicle that struck Parra was a Jeep Cherokee that might contain a data crash recorder, Teare said. His office wanted to know whether the recorder locked in details such as speed, steering, and braking. The way to preserve that information, he explained, is to place the car on a flatbed trailer and take it for a forensic download. Teare said his office and the sheriff’s investigators asked ICE to download the data, but ICE refused. While a search warrant was being drafted, the agent believed to have been driving got back into the vehicle and drove it away from the scene. “In my 20-year career, I’ve never heard of anything like that,” Teare said. An ICE spokesperson said in a statement on Tuesday that “allegations that ICE struck Miguel Parra-Hernandez intentionally are RECKLESS and FALSE.” The agency said its officers “are entrusted with upholding the rule of law and are held to the highest standards of professionalism, integrity, and ethical conduct.” It called the allegations “disgusting smears” peddled by the media and claimed a more than 1,600 percent increase in assaults and a 3,300 percent increase in vehicle attacks against its officers, though it did not offer data to support those figures. ICE has said Parra was not the target of the attempted stop but that he was in the country illegally. Parra’s attorney and family have said he has no criminal record and was on his way to work applying stucco. Two people from what Teare called “an entirely different operation” were in the back seat of the ICE vehicle when it struck Parra. Those two people, along with Parra, remain in ICE custody. Teare’s office is working to keep all three in the country as material witnesses. Teare said no law enforcement agency teaches officers to begin pursuing other people after placing individuals in custody inside a vehicle, because it puts everyone on the road in danger. He also said the ICE vehicle should have activated its lights and siren when it jumped the median and entered oncoming traffic. A senior Department of Homeland Security official told NBC News that multiple ICE officers on the scene were wearing body cameras and that ICE is reviewing the video as part of an internal investigation. Whether officers wear their body cameras matters, as an ICE agent leaving camera unequipped showed. Espinosa said Parra told him he fled because it was unclear whether officials were in the vehicles, which were unmarked, did not use sirens, and had dark, tinted windows. ICE has said it was targeting another man, Jose Mendoza Cervantes, who was in the country illegally and had committed several crimes. Espinosa and Parra’s attorney Kim Bruno said neither Parra nor the man with him when ICE stopped their vehicle has any association with Mendoza. The incident occurred less than two weeks after the Trump administration issued guidance setting tighter rules for vehicle stops. The guidance says only agents who have completed specific training should make such stops, that vehicles used for traffic stops must have lights and sirens, and that all officers on the scenes of vehicle stops must wear and activate their body cameras. Teare’s office is asking anyone with photos or video of the incident to contact it through a secure portal. Video is central to Teare’s investigation, and video proving ICE officers lied shows why. “All we are interested in is getting the truth, and any shred of cellphone footage, anyone that saw something and really can point us in the right direction, it would be wonderful,” he said.