Mario Alberto Morales, an officer with U.S. Immigration and Customs Enforcement (ICE), surrendered to authorities in Houston, Texas, on Monday. He faces charges of intentionally hitting a Mexican immigrant with his vehicle during an immigration operation on October 10.
The 33-year-old officer appeared in Harris County court to address a charge of aggravated assault with a deadly weapon, specifically the car he was driving. The judge set bail at $30,000, lower than the $75,000 requested by the prosecution. Morales was released on bail shortly after his court appearance, as reported by the Associated Press and FOX 26 Houston.
The incident has sparked widespread outrage, not only because of the footage capturing the collision but also due to revelations that the person ICE agents were allegedly targeting had died nine years earlier, according to documents provided by the individual's family.
Details of the Incident
The events unfolded around 7:20 a.m. on October 10, near Clay Road and Highway 6 in northwest Houston. ICE agents were following a white truck carrying two men. After the vehicle stopped, the occupants fled in different directions.
One of the men, 48-year-old Mexican construction worker Miguel Parra Hernández, was struck by Morales's unmarked vehicle. Parra Hernández sustained severe leg injuries, requiring surgery. According to the Associated Press, he remains in federal custody while recuperating in a rehabilitation center.
Controversy Surrounding the Case
Initially, immigration authorities claimed the man unintentionally entered the vehicle’s path while trying to escape. However, the Harris County District Attorney's Office argues that surveillance and body camera footage tell a different story.
Investigators allege Morales deliberately steered his vehicle toward Parra Hernández as he ran through a parking lot. Publicly shared videos depict the car crossing a divider before hitting the immigrant. Other footage shows the victim on the ground, crying out in pain after the impact.
County prosecutor Sean Teare stated that the evidence supports the criminal charge against the officer. A grand jury formalized the charges on October 30. Should Morales be found guilty, he could face a prison sentence ranging from two to twenty years.
Defense and ICE Response
David Lindenmuth, Morales's lawyer, disputed the allegations, asserting that his client had no intention of hitting the Mexican worker. Lindenmuth claimed the officer was attempting to approach the fleeing men when he encountered another vehicle in his path, forcing an evasive maneuver.
"It was an accident. It was not a crime," Lindenmuth told FOX 26 Houston. ICE also defended its officer's actions and dismissed the prosecution's conclusions, labeling the legal process a political maneuver by local authorities. The agency maintained that the accusations of deliberate harm were false.
The Identity Confusion
One of the case's most contentious aspects involves the identity of the person federal authorities aimed to arrest. The Department of Homeland Security stated that agents were conducting an operation targeting a man identified as José Mendoza Cervantes, who reportedly had four prior arrests and an irregular immigration status.
However, a New York Times investigation, later covered by FOX 26 Houston and KPRC 2, found that the family of the man whose photo ICE circulated claimed he had died in 2017. The man's daughter presented a death certificate for José Héctor Jiménez Mendoza, asserting that the image used by ICE matched her late father.
The immigrant advocacy group FIEL Houston also highlighted the discrepancies in the identification of the intended target. The deceased man's daughter explained that her father used several names, including the one ICE publicized. According to the New York Times' findings, the photos and legal records reviewed also matched the identity ICE had disseminated.
To date, the discrepancy between ICE's data and the family's documentation has not been publicly resolved. Meanwhile, Kim Bruno, Parra Hernández's attorney, stated that her client was not aware of José Mendoza Cervantes and had never heard of him.
Civil Rights Call for Accountability
Civil rights attorney Lee Merritt responded on Monday to Morales's surrender, demanding accountability for the incident. Merritt noted on social media platform X that Parra Hernández was not the individual ICE identified as the operation's target and underscored reports that the sought-after person had passed away years earlier.
"No badge places an officer above the law," Merritt wrote. He further asserted that enforcing immigration laws is not a license to inflict harm and affirmed that Parra Hernández and his family deserve justice.
FIEL Houston and other immigrant rights advocates have similarly called for a thorough investigation of the events and for ensuring medical care and protection for the victim.
The prosecution of Morales is an unusual instance of state criminal charges against a federal agent for actions during an immigration operation. For now, Morales retains the presumption of innocence as the legal proceedings continue to determine whether the incident was intentional or accidental.
Key Questions About the ICE Incident in Houston
What are the charges against Mario Alberto Morales?
Morales has been charged with aggravated assault with a deadly weapon, specifically the vehicle he was operating.
What evidence is there against the ICE officer?
The prosecution cites surveillance and body camera footage showing Morales allegedly steering his vehicle toward Miguel Parra Hernández deliberately.
Who was ICE originally trying to apprehend?
ICE was reportedly targeting a man named José Mendoza Cervantes, though family members claim he died in 2017.
What is the defense's argument in this case?
The defense argues that the incident was an accident, claiming Morales was attempting to approach the fleeing men when he encountered another vehicle, prompting an evasive maneuver.