XIMENA LOEZA
Modesto Focus
Carlos Ivan Mendoza Hernandez, the Patterson man shot by ICE agents during a traffic stop last week, appeared in federal court in Sacramento on Tuesday, where he now faces a charge of assaulting a federal officer with a deadly weapon.
He remains in federal custody as prosecutors seek a 48‑hour stay on a judge’s order allowing his potential release on $50,000 bond. His court appearance came one day after he was released from the hospital and taken into FBI custody, less than 24 hours after undergoing another surgery for his injuries.
Hernandez, 36, was shot more than half a dozen times by federal immigration agents April 7 in Patterson during a traffic stop off Interstate 5.
Kolasinski raised serious concerns about Hernandez’s arrest, questioning the decision by Doctors Medical Center staff in Modesto to release him to FBI custody.
“All of a sudden, the hospital magically decided that he was good enough to go and they handed him over to the FBI without notifying his family,” Kolasinski said. “This is wrong in so many ways, and we will be tackling it at every level.”
He said Hernandez’s fiancée, Cindy, saw him Sunday after his surgery, one in a series of operations he has had since the shooting. The couple, who have been together for four years, have a 2‑year‑old daughter together. Kolasinski said his client was still in considerable pain, unable to walk and only able to sit up briefly.
Doctors Medical Center spokeswoman Patti Tanner released a statement on Hernandez’s discharge. It read:
“Doctors Medical Center and our physicians make discharge determinations taking into account the unique circumstances of each patient, carefully considering the need for continued inpatient care. Discharge plans are tailored to provide for the safety and continued health journey of the patients. As always, our priority is providing compassionate, quality care for those who entrust us with their care.”
“That (the shooting) was less than a week ago, and to have him all of a sudden cleared enough for release just beggars belief,” Kolasinski said. “When he was barely hanging on, he woke up in the ICU this morning, and all of a sudden he’s good enough to go into a filthy jail? Give me a break.”
On Saturday, April 11, an eyewitness, who is only using her first name Christina for personal safety concerns, held a press conference with her Atwater attorney Roberto Serrato about what she saw at the scene of the shooting in Patterson on her way to work. She also provided dashcam footage of the incident.
Christina says she observed federal agents striking the window of Hernandez’s vehicle, then heard a single gunshot before the car moved. That was followed by several more shots fired in quick succession.
She also reported seeing agents point firearms toward active civilian traffic in her direction. That prompted her to reverse her vehicle for safety. Hernandez also attempted to reverse and drive away, before coming to rest in oncoming traffic.
“This occurred in a heavily trafficked area during morning commute hours,” Serrato said at the press conference. “Any situation involving gunfire in close proximity to civilians raises serious public safety concerns that deserve careful and objective review.”
Kolasinski said that in addition to handling the criminal case against Hernandez, he may file a lawsuit in civil court against the hospital.
On the day of the shooting, acting ICE Director Todd Lyons said in a statement posted on X that agents were looking for an alleged gang member wanted for questioning in a murder in El Salvador.
But Hernandez’s family released a document from the Salvadoran government saying he was acquitted of those charges in 2019 and refuting that he had ever been in a gang.
