A Harris County grand jury has indicted an ICE officer in Houston on a charge of aggravated assault with a deadly weapon, accusing him of intentionally striking a man with a vehicle during an October 10 enforcement operation.
District Attorney Sean Teare announced the indictment on October 30, according to Associated Press reporting. The officer, Mario Alberto Morales, 33, faces a second-degree felony. Prosecutors say he was not in custody when the charge was announced and that a warrant would be issued.
What the Houston indictment alleges
Prosecutors say Morales was driving an unmarked SUV when he struck Miguel Parra Hernandez, 48, who was running through a parking lot. Parra Hernandez broke his leg and remained in federal custody at a rehabilitation facility, Teare said. The district attorney played body camera footage and a 911 recording at the news conference and said the evidence was as clear as any he had handled.
Teare also said Parra Hernandez has lived in Harris County for more than 30 years and had no deportation order or criminal background.
What ICE and the defense say
ICE has called the allegation that the officer struck Parra Hernandez on purpose reckless and false, and the agency has said he ran in front of the vehicle. ICE has also asserted that local officials lack authority to investigate federal officers acting in the course of their duties. Teare has said DHS did not cooperate with his investigators.
Morales’s attorney, David Lindenmuth, said his client committed no crime, called the incident an accident and accused the district attorney of indicting him for political gain. An indictment is a charge, not a finding of guilt.
Why this case stands out
AP described Morales as one of only a few federal officers to face criminal charges over on-the-job conduct during the current immigration crackdown. The case also raises the question of when state prosecutors can charge federal agents, which courts may be asked to address. For related enforcement policy, see our reports on ICE’s ban on high-speed chases and tighter vehicle stop rules and a ruling on Tennessee’s joint ICE traffic stops.