Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: LA Feds May Appeal Judge’s Order Tossing Case Against TikTok Streamer – Legal Perspective
Federal prosecutors Monday were considering whether to appeal a judge’s order dismissing a case against a South Los Angeles man who was charged with assault on a federal officer after a confrontation with agents in October in which he was shot.
Carlitos Parias, 44, better known as TikTok streamer Richard LA, had been set to go on trial Tuesday in L.A. federal court.
In his order Saturday, U.S. District Judge Fernando M. Olguin threw out the case against Parias, saying the government failed to release body-worn camera footage in a timely manner and allegedly denied the defendant access to attorneys after his arrest. Parias remains in immigration custody.
Olguin dismissed the indictment with prejudice, meaning prosecutors cannot refile the same two felony charges of assault on a federal officer using a deadly or dangerous weapon and depredation of government property causing damage in excess of $1,000. Prosecutors contend Parias’ vehicle rammed two federal vehicles as he tried to escape arrest on immigration charges.
A representative for the U.S. Attorney’s Office said in a statement prosecutors are reviewing the court’s decision and would consider options for a possible appeal.
“We strongly disagree with the court’s version of the facts as well as its legal conclusions,” according to the statement. “We are reviewing the court’s decision and we will determine our options for an appeal. … Despite Mr. Parias being a flight risk and danger to the community, the court ordered him released on bond pending trial. He was appropriately taken directly into immigration custody — where he remains. No matter what happens with his criminal case now or on appeal, rest assured that Mr. Parias’ days of openly flouting our nation’s immigration laws are over.”
According to prosecutors, federal agents conducting surveillance in South Los Angeles on Oct. 21 saw Parias — who was the subject of an immigration arrest warrant and had previously avoided capture — leave a home and get into a gray Toyota Camry, driving away eastbound.
Federal agents proceeded to use three vehicles to block the Camry in position, prosecutors said. Parias allegedly refused orders to exit the car, and instead began driving the Camry forward and back, hitting two of the federal vehicles. An agent tried to break the driver’s side window of the Camry, prompting the suspect to drive more aggressively, spinning the car’s wheels and creating “large plumes of smoke,” prosecutors said.
Ultimately, a federal agent opened fire, wounding the suspect in the elbow, with a ricochet bullet then striking a U.S. marshal in a hand.
Parias has more than 135,000 followers on TikTok and regularly posts videos documenting police, fire and immigration enforcement incidents in Los Angeles.
Tricia McLaughlin, a spokeswoman for the U.S. Department of Homeland Security, previously issued a statement saying the confrontation with Parias involved “an illegal alien who had previously escaped from custody” and who “attempted to evade arrest yet again.”
“ICE law enforcement officers, assisted by U.S. marshals, pulled the illegal alien over in a standard law enforcement procedure,” McLaughlin said. “The illegal alien weaponized his vehicle and began ramming the law enforcement vehicle in an attempt to flee. Fearing for the safety of the public and law enforcement, our officers followed their training and fired defensive shots. The illegal alien was shot in the elbow and one law enforcement officer was shot in the hand by a ricochet bullet.”
McLaughlin said Parias had entered the country illegally from Mexico at an unknown time and place, according to the statement.
Los Angeles City Councilman Curren Price Jr.’s office previously honored Richard LA for his work in the community.
“Richard is a pillar of our community; a fearless citizen journalist whose authentic storytelling has consistently uplifted the unheard voices of South Central Los Angeles,” according to a social media post by Price’s office. “His unfiltered portrayal of real life has fostered a loyal following, both on TikTok and throughout our city. Richard LA exemplifies what it means to serve your community with courage and heart. … We stand in solidarity with Richard and his family during this difficult time.”