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Charges dismissed against TikTok streamer caught up in ICE sweeps
A screenshot from body worn video taken during Parias' arrest by federal immigration agents on Oct. 21.
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U.S. District Court, Central District of California
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Topline:
A federal judge has dismissed criminal charges against Carlitos Ricardo Parias, known as Richard LA on TikTok, where he posts content on local breaking news. Judge Fernando M. Olguin ruled on Saturday that the government violated Parias’ constitutional rights by not allowing him to speak to his lawyers before trial.
The backstory: Parias was arrested on Oct. 21 and charged with assaulting a federal officer and damaging government property. Federal immigration agents alleged in court documents filed the day of his arrest that Parias accelerated his car aggressively after agents had boxed him in. One of the agents then shot Parias in the arm, also hitting a deputy U.S. Marshal in the hand with a ricochet bullet.
Why the case was dismissed: Olguin explained his ruling in an order to dismiss the case, saying Parias was prevented from speaking to his lawyers while detained at the Adelanto immigration detention facility “for nearly the entire month preceding trial.” Olguin criticized both Immigration and Customs Enforcement (ICE) and the U.S. Attorney’s Office for not ensuring Parias could speak with his lawyers and have a fair trial.
What the government says: ICE did not answer LAist’s questions about whether Parias or others have been prevented from speaking with their attorneys while detained. The agency provided a statement from Department of Homeland Security spokesperson Tricia McLaughlin, who said “Parias has a history of driving without a license, failing to prove financial responsibility, vehicle code violations, and resisting arrest. He entered the country illegally at an unknown date and location.”
The U.S. Attorney’s Office in Los Angeles also told LAist in a statement that the prosecutors “strongly disagree with the court’s version of the facts” and may appeal Olguin’s decision. Meanwhile, Parias remains in immigration custody.
From Parias’ lawyers: Federal public defenders Cuauhtemoc Ortega and Gabriela Rivera told LAist in a statement they're confident a jury would acquit Parias and “are grateful that Mr. Parias’ constitutional rights were vindicated.”
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