ICE agent runs over worker

Mario Alberto Morales, a U.S. Immigration and Customs Enforcement officer, entered a Houston courtroom on Monday morning accompanied by legal counsel. He appeared before a judge to answer a felony charge of aggravated assault with a deadly weapon. After the judge set his bail at $30,000, Morales posted a non-arrest bond. He had planned to turn himself in on that day, according to his attorney, David Lindenmuth.

The case stems from an incident on Oct. 10 involving Miguel Parra Hernandez, a 48-year-old construction worker. Prosecutors allege that Morales chased Hernandez through a parking lot in an unmarked SUV. They claim the officer crossed a median and aggressively turned the wheel to strike the victim. A grand jury indicted Morales on Friday for the incident.

Lindenmuth described the collision as clearly just an accident. He argued that local officials invented a crime out of thin air. Michael Wynne, another representative for Morales, questioned the timing of the indictment. He stated that grand jurors were presented with only one side of the story. Wynne accused Harris County District Attorney Sean Teare of presenting that side on the last day of early voting to influence the news cycle.

Teare responded that cases must be decided in a courtroom rather than at a podium. He said the district attorney’s office does not litigate in the media or public but before a jury of peers. Teare confirmed the office is prepared for a move to federal court. He believes the case will eventually be tried in a Harris County Courthouse.

Wynne said the defense team will push to move the case to a federal forum as soon as possible. They intend to litigate the matter as the framers designed it. Kent Schaffer, a lawyer not connected to the case, noted that Morales could receive immunity in federal court. This could happen if the judge finds the officer acted within the scope of his employment. If the judge finds the actions were not necessary to enforce federal law, the case would proceed to trial.

Morales is scheduled to return to court on Dec. 2. The Associated Press contributed to this report.