Harris County District Attorney Sean Teare announced a felony indictment on Friday against Mario Alberto Morales, a federal immigration agent. Prosecutors allege Morales struck pedestrian Miguel Parra-Hernandez with his vehicle on Oct. 10, breaking his legs and ankle. ICE said Parra-Hernandez ran in front of the vehicle while fleeing. His attorney disputed that account, and ICE called allegations that the strike was intentional "RECKLESS and FALSE."
An ICE spokesperson called the indictment a political stunt by Houston sanctuary politicians. The spokesperson said federal officers acting in the course of their duties can be investigated only by other federal agencies. Sheriff Ed Gonzalez said his vehicular crimes division investigated the crash like any other serious pedestrian crash, and that investigators developed serious concerns about the agent's actions.
David Kwok, director of the University of Houston Law Center's Criminal Justice Institute, said federal agents have broad protection from prosecution when acting in their official duties, known as Supremacy Clause immunity. He said the key question is whether the actions were "necessary and proper." Tom Hogan, an assistant professor at the South Texas College of Law, said the case will center on whether the agent acted reasonably. Law professor Seth Chandler said the defense could seek to move the case to federal court.