Federal judge dismisses case against Los Angeles TikTok influencer shot by federal agents during immigration operation

A federal judge on Saturday dismissed the case against a popular Los Angeles-based TikTok influencer who prosecutors alleged had driven a car into federal agents during an immigration operation in October, leading to a shooting.

United States District Judge Fernando M. Olguin dismissed the case with prejudice, meaning charges cannot be refiled for assault on a federal officer using a deadly or dangerous weapon and depredation of government property for the same incident.

Carlitos Ricardo Parias, 44, who goes by RichardLA on TikTok with more than 130,000 followers, was charged with the aforementioned crimes stemming from an Oct. 21 incident in South LA when federal agents approached him in relation to an immigration-related warrant.

Acting U.S. Attorney Bill Essayli claimed that Parias is a Mexican National living in the U.S. illegally, and that he refused to follow orders given by federal agents before ramming them with his vehicle. At that point, the agents opened fire on Parias, wounding him.

A deputy U.S. Marshal was struck by a ricochet bullet during the exchange, suffering minor injuries.

Parias' trial was scheduled to begin this week. In his decision, Olguin wrote that Parias was illegally deprived of his access to counsel while held in custody by Immigration and Customs Enforcement. He also said the government failed to meet deadlines during the discovery process, including body-worn camera footage, which was released on Dec. 10, five days after the deadline.

"By delaying production of the body camera footage, the government eliminated any possibility for the defense to review the footage with Mr. Parias," Olguin wrote. "And with each passing day, the ability of defense counsel to meet with their client and prepare for trial was further undermined, resulting in even more prejudice to defendant."

In a statement, Federal Public Defender Cuauhtemoc Ortega and Deputy Federal Public Defender Gabriela Rivera, who litigated the case for Parias, said his constitutional rights have been "vindicated."

"While we remain quite confident that a jury would readily acquit Mr. Parias, the government prejudiced his right to a fair and speedy trial by denying him meaningful access to his defense team and failing to timely disclose the evidence they claimed supported the charges," they said. "We are grateful that Mr. Parias's constitutional rights were vindicated."  

The U.S. Attorney's Office in Los Angeles said in a statement that it disagrees "strongly" with the ruling and will explore options for appeal.

While his criminal charges have been dropped, Parias could remain in ICE detention.

"Despite Mr. Parias being a flight risk and danger to the community, the court ordered him released on bond pending trial. He was appropriately taken directly into immigration custody — where he remains," the U.S. Attorney's Office says.