A Texas grand jury has indicted an Immigration and Customs Enforcement (ICE) agent on felony assault charges after video showed him striking a fleeing man with an unmarked SUV during an immigration enforcement operation in Houston.
ICE agent Mario Alberto Morales faces charges of aggravated assault with a deadly weapon following the October 10 incident that left 48-year-old Miguel Parra-Hernandez with serious injuries. The indictment marks a significant development in a criminal investigation that has put federal immigration enforcement practices under scrutiny and raised questions about the circumstances surrounding the pursuit.
Harris County District Attorney Sean Teare announced the indictment Friday, October 30, after investigators reviewed surveillance footage and video recorded by an ICE agent’s body camera.
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The surveillance footage shows two men getting out of a white pickup truck and running in different directions through a parking lot. A black SUV then follows one of the men as he attempts to escape.
Investigators say the SUV struck Parra-Hernandez, running over his legs. Body camera footage released by prosecutors shows Morales getting out of the vehicle while Parra-Hernandez lies on the pavement in visible distress.
Teare described the evidence as strong and said his office believes the collision was intentional.
“The evidence that we have in this case is as clear as any that I’ve prosecuted or investigated,” Teare said during a news conference at the Harris County criminal courthouse.
The charge of aggravated assault with a deadly weapon is a serious felony under Texas law. Prosecutors are treating the vehicle as the alleged deadly weapon used in the assault.
The incident has also drawn attention because of questions surrounding the reason for the immigration operation and the conduct of the officers involved.
ICE previously said agents were attempting to apprehend Jose Mendoza-Cervantes, a man the agency said had an outstanding deportation order. Federal officials claimed Mendoza-Cervantes was traveling in the same pickup truck as Parra-Hernandez.
However, that explanation has come under scrutiny. The Associated Press reported that Mendoza-Cervantes’ daughter said her father had been dead since 2017. The family also disputed ICE’s assertion that Parra-Hernandez was traveling with the man.
Harris County investigators have questioned whether the agency’s account accurately describes the events leading up to the collision. According to the Associated Press, prosecutors said their investigation had not established that Parra-Hernandez was traveling with the individual ICE identified as its target.
The Houston Chronicle also obtained body camera footage and investigative records that raised additional questions about the pursuit. According to the newspaper, Morales told investigators he did not apply his brakes before striking Parra-Hernandez. Investigators also questioned why the agent pursued the man without using emergency lights or sirens.
The Chronicle reported that the surveillance footage shows Morales making a sudden turn and driving toward Parra-Hernandez as he ran into a parking lot. An investigative report cited by the newspaper said a sheriff’s investigator concluded Morales may have struck the man intentionally.
ICE has disputed the allegations. The agency previously maintained that Parra-Hernandez ran in front of the vehicle and rejected claims that the agent intentionally hit him. The Associated Press reported that ICE described those accusations as false and reckless.
The indictment also creates a potential legal dispute between Texas prosecutors and the federal government over the authority to investigate and prosecute an immigration officer for conduct during an official operation.
Harris County officials have accused the Department of Homeland Security, which oversees ICE, of failing to cooperate with the investigation. District Attorney Teare has also raised concerns about the removal of the SUV from the scene before local investigators could secure it as evidence.
The Associated Press reported that Teare accused federal authorities of destroying evidence, either intentionally or through gross negligence. ICE’s position on the allegations has been disputed by local investigators.
Parra-Hernandez’s injuries have also left him facing a difficult recovery. The Houston Chronicle reported that medical records showed his leg was broken in three places and that he remained in a rehabilitation facility weeks after the incident.
His attorney, Kim Bruno, has raised concerns about his treatment and access to legal counsel while he remains in federal immigration custody. The case has therefore expanded beyond the question of how the collision occurred to include concerns about his detention and medical care.
Morales’ indictment does not mean he has been convicted. He is entitled to challenge the allegations in court, and prosecutors will have to establish the charges beyond a reasonable doubt. The case could also face legal challenges because Morales was acting as a federal officer during the incident.
For immigrant communities, the prosecution represents an unusual instance of a local grand jury bringing criminal charges against a federal immigration officer over alleged conduct during an enforcement operation. The case will test how state authorities pursue allegations of criminal misconduct involving federal agents.
The investigation and upcoming court proceedings are expected to determine whether Morales will face trial in Texas or whether the case will move into federal court.
