Man shot by California ICE officer was following orders, not assaulting him, attorney says

"His intention was, I'm going to follow this officer's instruction. I am going to get out of there,' said Greg Jackson, a partner in the Simon Law Group, which is preparing a claim against federal authorities on behalf of Jimenez as a required precursor to a lawsuit. I think they did not follow proper protocol for a person who is not a threat."

"While officers were speaking with the driver, Jimenez drove up in his Lexus SUV and engaged in a verbal altercation with officers. An officer approached Jimenez firearm in hand and ordered Jimenez to leave. The officer then holstered his gun and pulled out pepper spray. It was then that Jimenez drove forward, turned his wheels and rapidly accelerated backwards toward the Honda and a second officer. That officer, the complaint said, feared he would be struck."

Carlos Jimenez, 25, has been charged with assaulting a federal officer and is scheduled to enter a plea Nov. 25 in U.S. District Court in Riverside. ICE and U.S. Customs and Border Protection officers stopped a Honda Accord on Vineyard Avenue in Ontario about 6:30 a.m. while speaking with its driver. Jimenez arrived in his Lexus, engaged in a verbal altercation, and an officer approached with a firearm, ordered him to leave, then holstered the gun and pulled out pepper spray. Jimenez accelerated backward toward the Honda and another officer; an officer fired, shattering the right rear passenger window. Jimenez sustained a bullet in his right shoulder and a broken shoulder blade. A claim is being prepared against federal authorities as a precursor to a lawsuit.

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