Texas DA says ICE officer deliberately ran over immigrant with car and may have erased evidence

HOUSTON, TEXAS: Harris County District Attorney Sean Teare has accused an Immigration and Customs Enforcement (ICE) officer of intentionally running over Miguel Parra Hernandez during an immigration stop, saying video evidence could support aggravated assault charges.

On Tuesday, October 13, Teare also alleged that ICE may have allowed critical vehicle data to be erased, raising concerns about the investigation.

Parra, 48, suffered multiple fractures and underwent surgery on one leg, with further operations expected. ICE has denied that its officer deliberately struck him, while local investigators say the agency has not cooperated with their inquiry.

Texas DA says video shows ICE intentionally hit Miguel Parra Hernandez

Teare said footage collected by his office and the Harris County Sheriff's Office suggests the vehicle deliberately struck Parra.

"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," Teare told NBC News. He said such an act could amount to aggravated assault with a deadly weapon under Texas law.

Video obtained by Houston NBC affiliate KPRC shows a white vehicle traveling against traffic, crossing a yellow median and moving toward Parra as he runs.

The vehicle appears to swerve into his path near a shopping center. A man is later seen on the pavement behind the ICE vehicle.

ICE said its officers were pursuing men who had fled and claimed that "Miguel Parra Hernandez ran in front of an ICE vehicle and was struck."

The agency said Parra was not its intended target and identified Jose Mendoza Cervantes as the person it was attempting to stop. However, Parra's attorney, Kim Bruno, and Cesar Espinosa of immigrant rights group FIEL said Parra and the man accompanying him had no connection to Mendoza.

His attorney and family said Parra had no criminal record and was on his way to work applying stucco.

ICE accused of failing to preserve vehicle data

Teare said investigators identified the vehicle as a Jeep Cherokee that may have contained a crash data recorder capable of revealing its speed, steering and braking at the time of impact.

He alleged that investigators asked ICE to preserve and download the data, but the agency refused. Teare believes information related to the collision may have been erased when the vehicle was driven away.

According to the district attorney, his office was preparing a search warrant when the ICE agent believed to have been driving the vehicle returned and drove it away.

"Our office began drafting a search warrant that we were in the process of drafting when the ICE agent in question, the one that had been driving, we believed, at the time of the collision, jumped back into the car and drove it away from the scene," Teare said. "In my 20-year career, I've never heard of anything like that."

ICE did not respond to questions about the crash recorder, possible data erasure or the alleged refusal to download the information.

ICE denies allegations as investigators question vehicle pursuit

ICE strongly rejected claims that its officer deliberately struck Parra.

An unidentified spokesperson called the allegations "reckless and false" on Tuesday and described them as "disgusting smears" promoted by the media.

The agency also claimed assaults against its officers had increased by more than 1,600% and vehicle attacks by 3,300%, but did not provide supporting data for those figures.

Teare raised further concerns about the pursuit, saying two people from an unrelated operation were in the back seat of the ICE vehicle when it struck Parra. Both were in ICE custody, along with Parra, and investigators were working to ensure all three remained in the country as material witnesses.

"There is not a single agency in the United States that would teach that once you put people in custody in your car, you then begin to pursue other people," Teare said, adding that the decision put everyone at risk.

He also said the ICE vehicle should have activated its emergency lights and siren while crossing the median and entering oncoming traffic.

Body camera footage could help establish what happened

The incident occurred less than two weeks after the Trump administration introduced stricter rules for vehicle stops.

The guidance requires specially trained agents to conduct stops, vehicles to have lights and sirens, and officers at the scene to wear and activate body cameras.

A senior Department of Homeland Security official told NBC News that multiple ICE officers at the scene were wearing body cameras. The agency is reviewing the footage as part of an internal investigation.

Espinosa said Parra told him he fled because he could not tell whether the people in the unmarked vehicles were officials.

He said the vehicles had dark, tinted windows and were not using sirens.

The Harris County District Attorney's Office is asking witnesses and anyone with photos or videos of the incident to submit evidence through its secure portal.

Teare said people would not be asked about their citizenship or immigration status.

"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.

The investigation is ongoing, with local authorities seeking evidence to establish what happened and determine whether criminal charges are warranted.