Was ICE Officer Eusebio Ortiz justified in shooting Carlos Jimenez?
ICE officer Eusebio Ortiz shot Carlos Jimenez during an immigration operation in Ontario. The government says Jimenez reversed toward an officer; his lawyers say he was leaving. Court filings exposed evidence and interview disputes.
Claim in dispute
Jimenez rapidly accelerated in reverse toward CBP Officer N.J. and a stopped Honda, causing N.J. to fear that the Lexus would strike her and the Honda.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
This case classifies responses to Ortiz's decision to fire at Jimenez on October 30, 2025. It is separate from whether officers could lawfully order Jimenez away from the scene or whether prosecutors had probable cause to charge him with assault.
The federal complaint (opens in a new tab) says Jimenez drove an unrelated Lexus beside a traffic stop, argued with officers, pulled forward, stopped, turned his wheels and then rapidly reversed toward CBP Officer N.J. and a Honda. The complaint says Ortiz fired at approximately that time and struck Jimenez in the shoulder. It records the government's probable-cause allegations, not a judicial finding about the shooting.
Jimenez's lawyers gave ABC News (opens in a new tab) a different account. They said Jimenez warned agents that children would soon gather at the location, tried to maneuver around them after an officer produced pepper spray and was shot through the rear passenger window while leaving. Their account is a defense position and remains disputed.
A defense discovery motion (opens in a new tab) identified Ortiz as the shooter and said he was interviewed more than a month later, unlike the other officers, and that his interview was not audio recorded. The motion also alleged missing communications and no body-worn or dash-camera recording of the incident. On May 5, 2026, the court ordered (opens in a new tab) the government to produce officer communications, operational directives and relevant policies, or provide sworn declarations where records did not exist.
The next day, the parties disclosed a diversion agreement (opens in a new tab). It states that prosecutors may move to dismiss the case with prejudice after the diversion term ends October 31, 2026. It does not say the case had already been dismissed, and Jimenez maintained his not-guilty plea.
Timeline
3 timeline entries on this page. Dates: October 30, 2025 to May 6, 2026
October 2025
1 event
Ortiz shoots Jimenez during Ontario immigration operation
Incident
ICE deportation officer Eusebio Ortiz fired a shot that struck Carlos Jimenez in the shoulder after Jimenez stopped beside a federal immigration-enforcement operation. The parties dispute whether Jimenez's reversing vehicle threatened an officer.
[01]Criminal complaint and affidavit in United States v. Carlos Jimenez
Source excerpt
The Lexus then stopped, turned its wheels, and then rapidly accelerated in reverse back toward Officer N.J. and the Honda.
Federal probable-cause affidavit. It identifies E.O. as the officer who fired and says Jimenez reversed toward Officer N.J. and the stopped Honda. The affidavit presents the government's allegations, not adjudicated findings.
Criminal complaint and affidavit in United States v. Carlos Jimenez · United States Department of JusticeCase 5:25-mj-00674-DUTY, Document 1, pages 3-5[02]Lawyers for US citizen shot by ICE agent say shooting was not self-defense
Source excerpt
He was shot in his back shoulder, through the back passenger window.
ABC News reports the competing government and defense accounts. Jimenez's lawyers said he was maneuvering around the officers and leaving after warning about arriving schoolchildren; DHS said the officer fired defensive shots while fearing for his life.
187 days between recorded events
May 2026
2 events
Court orders production of officer communications and policies
The federal district court granted Jimenez's motion to compel and ordered the government to produce incident-related communications, operational directives and relevant use-of-force materials, or sworn declarations where records did not exist.
[03]Order granting Carlos Jimenez's motion to compel
Source excerpt
The Court hereby grants defendant's motion to compel.
Court order directing the government to produce incident-related officer communications, operational directives, use-of-force policies and related records, with sworn declarations if responsive material did not exist.
Order granting Carlos Jimenez's motion to compel · United States Department of JusticeCase 5:25-cr-00366-KK, Document 64, pages 1-3Parties disclose pretrial diversion agreement
The parties told the court they had reached a diversion agreement under which prosecutors may seek dismissal with prejudice after the diversion term ends October 31, 2026. Jimenez maintained his not-guilty plea.
[04]Stipulation to stay discovery production after Carlos Jimenez diversion agreement
Source excerpt
The government may move to dismiss this matter with prejudice after the term of diversion ending October 31, 2026.
Joint stipulation stating that the parties reached a diversion agreement and that the government may seek dismissal with prejudice after October 31, 2026. It also says Jimenez maintained his not-guilty plea.
Stipulation to stay discovery production after Carlos Jimenez diversion agreement · United States Department of JusticeCase 5:25-cr-00366-KK, Document 65, pages 1-3
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
Jimenez rapidly accelerated in reverse toward CBP Officer N.J. and a stopped Honda, causing N.J. to fear that the Lexus would strike her and the Honda.
United States Department of Justice
Sources (1)
- Criminal complaint and affidavit in United States v. Carlos Jimenez · United States Department of JusticeCase 5:25-mj-00674-DUTY, Document 1, pages 3-5
Disputed claim
Ortiz's shooting of Jimenez was not self-defense; Jimenez was maneuvering away after warning agents that schoolchildren would soon gather nearby.
Sources (1)
Response record
Responses
Latest recorded positions: 8. Dates: October 30, 2025 to May 8, 2026
Choose one response filter, or select All responses to see the full record.
1 response on this page
Carlos JimenezDirectly involved "“It was as he was backing up that he was shot,” Jimenez said."
Open source (opens in a new tab)U.S. Attorney’s Office Disposed Toward Dismissing Charges Against Ontario Man Shot By ICE AgentParagraphs recounting Jimenez’s hearing testimony and Greg Jackson’s response to dismissalChallenged the characterizationCase context: Was ICE Officer Eusebio Ortiz justified in shooting Carlos Jimenez?
Why this label?
His account directly challenges the characterization that he drove at the agent in a way that justified deadly force.
This label describes the statement’s response within the context above.
Read context and background
Jimenez said he was backing away when the ICE agent shot him.
Role at the time: Person shot by an ICE agent
Before the statement
At a court hearing, Jimenez described the moments after an officer told him to leave.
After the statement
The account became part of the dispute over whether his vehicle threatened the agent.
U.S. Attorney’s Office Disposed Toward Dismissing Charges Against Ontario Man Shot By ICE AgentParagraphs recounting Jimenez’s hearing testimony and Greg Jackson’s response to dismissal
Sources
(8)
Original text
Criminal complaint and affidavit in United States v. Carlos Jimenez
Relevant passage: Case 5:25-mj-00674-DUTY, Document 1, pages 3-5
Excerpt
"The Lexus then stopped, turned its wheels, and then rapidly accelerated in reverse back toward Officer N.J. and the Honda."
About this source
Federal probable-cause affidavit. It identifies E.O. as the officer who fired and says Jimenez reversed toward Officer N.J. and the stopped Honda. The affidavit presents the government's allegations, not adjudicated findings.
- Published
- Accessed
Reporting
2 California ICE shootings in nine days: Latest confrontation leaves bloody scene
Excerpt
"“An ICE officer, fearing for his life, fired defensive shots at the vehicle.”"
About this source
Contemporaneous Los Angeles Times reporting on the Ontario shooting, including statements from DHS spokesperson Tricia McLaughlin and Rep. Norma Torres.
- Author
- Rachel Uranga and Brittny Mejia
- Published
- Accessed
Reporting
U.S. citizen shot from behind as he warned ICE agents about children gathering at bus stop, lawyers say
Excerpt
"“Use of deadly force is to be used as a last resort. Coming out to communities with guns drawn is the opposite.”"
About this source
Los Angeles Times follow-up reporting presenting the account and legal assessment of Carlos Jimenez’s attorneys Cynthia Santiago and Robert Simon.
- Author
- Rachel Uranga
- Published
- Accessed
Reporting
U.S. Attorney’s Office Disposed Toward Dismissing Charges Against Ontario Man Shot By ICE Agent
Relevant passage: Paragraphs recounting Jimenez’s hearing testimony and Greg Jackson’s response to dismissal
Excerpt
"“It was as he was backing up that he was shot,” Jimenez said."
About this source
The article recounts competing accounts of the shooting and reports that federal prosecutors agreed to dismiss the criminal case with prejudice.
- Author
- Mark Gutglueck
- Published
- Accessed
Original text
Stipulation to stay discovery production after Carlos Jimenez diversion agreement
Relevant passage: Case 5:25-cr-00366-KK, Document 65, pages 1-3
Excerpt
"The government may move to dismiss this matter with prejudice after the term of diversion ending October 31, 2026."
About this source
Joint stipulation stating that the parties reached a diversion agreement and that the government may seek dismissal with prejudice after October 31, 2026. It also says Jimenez maintained his not-guilty plea.
- Published
- Accessed
Reporting
Lawyers for US citizen shot by ICE agent say shooting was not self-defense
Relevant passage: Paragraphs 5-12
Excerpt
"He was shot in his back shoulder, through the back passenger window."
About this source
ABC News reports the competing government and defense accounts. Jimenez's lawyers said he was maneuvering around the officers and leaving after warning about arriving schoolchildren; DHS said the officer fired defensive shots while fearing for his life.
- Author
- Laura Romero
- Published
- Accessed
Original text
Order granting Carlos Jimenez's motion to compel
Relevant passage: Case 5:25-cr-00366-KK, Document 64, pages 1-3
Excerpt
"The Court hereby grants defendant's motion to compel."
About this source
Court order directing the government to produce incident-related officer communications, operational directives, use-of-force policies and related records, with sworn declarations if responsive material did not exist.
- Published
- Accessed
Original text
Carlos Jimenez motion to compel government witness files and communications
Relevant passage: Case 5:25-cr-00366-KK, Document 53, pages 6-10 and 17-18
Excerpt
"Ortiz was not interviewed until over a month later."
About this source
Defense motion identifying Ortiz as the shooter and describing discovery disputes, including the unrecorded delayed interview of Ortiz, claimed missing communications and the asserted absence of body-worn or dash-camera footage. The allegations about discovery are advocacy positions unless adopted by the court.
- Published
- Accessed