SACRAMENTO, Calif. — A Patterson man who was shot seven times by immigration agents and then charged with trying to hit them with his car will remain in custody pending his trial, a federal judge in Sacramento ruled Monday.

Carlos Ivan Mendoza Hernandez, 36, faces a felony charge of assault of a federal officer with a deadly weapon — in this case, his car — after an April 7 traffic stop turned violent.

On Friday, Magistrate Judge Allison Claire ruled that Mendoza Hernandez should be released while court proceedings continue. But government prosecutors objected to the ruling and requested a new hearing before a higher-level judge.

U.S. District Judge Dale Drozd reversed her order on Monday morning, saying that the act of trying to drive away in that situation was an indication that Mendoza Hernandez posed a flight risk, and should be detained.

“For whatever reason, whether thought out, whether in a panic, Mr. Mendoza Hernandez was taking extreme steps to avoid apprehension,” Drozd said in court.

Why sought by ICE

Mendoza Hernandez, who appeared in court in a wheelchair and an orange jail jumpsuit, was sought by ICE because he is undocumented, the criminal complaint against him said. Agents staking out his home in Patterson followed him on the morning of April 7 as he headed to work.

They pulled him over and within two or three minutes two agents drew guns on him, court documents show. An agent broke the window of his car and opened the door to pull him out.

The car moved forward and an agent shot at him. The car moved again, and seven more shots were fired as Mendoza Hernandez fled in his car. He came close to one of the agents as he swerved across the center median, videos of the scene showed.

Since Mendoza Hernandez was taken into custody, his whereabouts and the level of medical treatment he has received have been murky. He was initially in the intensive care unit at Doctors Medical Center in Modesto.

On April 13 he was released into the custody of the FBI, who first drove him to a jail facility in Sacramento but then took him to the Stanislaus County Jail in Modesto. He was later moved to the Yuba County Jail, but moved from there to a federal facility in California City that also houses ICE detainees.

Family members, priest attend

The shooting, followed by the charges against him and confusion about where he was being held, has led to concern about Mendoza Hernandez’ case among family members and advocates in Modesto. On Monday, several rows of Drozd’s courtroom were filled with family and community supporters, including a Catholic priest.

In letters to the judge urging Mendoza Hernandez’ release, community members described him as a person of faith who is active in the community and a caring father to a two-year-old child.

“Carlos and his fiancée, Cindy Ramírez, are active members of Sacred Heart Catholic Church in Patterson, California,” wrote Father Misael Avila, who works with the immigration program of Catholic Charities of the Diocese of Stockton. “Their daughter, Zoe, was baptized in this parish, and their family has been part of this community life for several years.”

On Friday, the group Faith in the Valley released a statement criticizing his treatment in federal custody.

“Ten days after being shot seven times by ICE officers while on his way to work, Carlos Ivan Mendoza Hernandez — a father, a fiancée, and a Patterson community member — has been transferred through at least five facilities across California, denied consistent access to his attorneys and family, and forced to appear in court visibly incapacitated and confined to a wheelchair,” the group said. “His exact location is currently unknown.”

In court on Monday, his federal public defender, David Harshaw, said Mendoza Hernandez had been in several facilities because none of the ones approached by federal officers were willing to take him due to his injuries and medical needs. He questioned the care Mendoza Hernandez was receiving, saying that staff at the California City facility did not change his bandage for several days and were providing only ibuprofen for pain.

Harshaw said it locating or reaching Mendoza Hernandez was difficult as he was moved from facility to facility. Harshaw asked Drozd to order the federal agents guarding Mendoza Hernandez to allow him a half-hour meeting with his lawyer before transporting him again.

Court documents reveal new details

Court documents filed late last week provide some new insight into the case, as well as into Mendoza Hernandez’ background.

Some of the new information ran counter to narratives his defense had told reporters or submitted to the court, but some also contradicted statements by the prosecution and the government.

The original affidavit submitted by the FBI in the case said that an agent on scene drew his weapon after another agent broke the window of Mendoza Hernandez’ car. But a video submitted by the defense shows that the agent had already drawn his gun when the window was shattered.

The video also showed that, contrary to a witness’ statement, the first agent fired his weapon after Mendoza Hernanrdez’ car began to move, not before.

In addition, a brief filed by the prosecution alleges that Mendoza Hernandez had cocaine and opiates in his system several hours after the incident, when he was tested at the hospital, despite telling officials that he had not used drugs.

The prosecution also said it had learned from authorities in El Salvador that Mendoza Hernandez was a member of a faction of the 18th Street gang, and had been convicted in 2010 of aggravated extortion.

Mendoza Hernandez has not yet been indicted by a grand jury on the charges against him, and has not appeared for any hearings involving the merits of the government’s accusations.

A preliminary hearing in his case has been set for May 5.

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