Chad Pennington calls Ortiz’s force improper
Chad PenningtonSupervising deputy federal public defender for Carlos Jimenez
Pennington joined a defense filing that called the traffic stop aggressive and Ortiz’s use of near-lethal force improper.
“This case is yet another matter stemming from an aggressive ICE traffic stop and interaction with the public that resulted in catastrophic consequences and the subsequent filing of an unsupportable criminal charge. Indeed, this case fits a recent and endemic national pattern of ICE using aggressive traffic stop techniques and then employing the improper use of near-lethal force against an American citizen.”
Original text
Where this statement fits
Was ICE Officer Eusebio Ortiz justified in shooting Carlos Jimenez?
On October 30, 2025, U.S. Immigration and Customs Enforcement deportation officer Eusebio Ortiz fired a shot that struck U.S. citizen Carlos Jimenez in the shoulder during an immigration enforcement operation in Ontario, California. A federal complaint alleged that Jimenez rapidly reversed his Lexus toward a Customs and Border Protection officer and a stopped Honda, causing the officer to fear a collision. Jimenez's attorneys said he was maneuvering away after warning agents that schoolchildren would soon arrive at a nearby bus stop, and that the bullet entered through the rear passenger window and struck his back shoulder. A federal court later ordered production of officer communications and use-of-force policies. The parties then entered a diversion agreement under which prosecutors may seek dismissal with prejudice after October 31, 2026. The dispute is whether Jimenez's vehicle posed an imminent threat when Ortiz fired.
Source and context
Original text
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.
Before the quotation
Jimenez’s defense sought government witness personnel records and communications relevant to the shooting and prosecution.
After the quotation
The motion argued that Ortiz may have used excessive force and that Jimenez acted appropriately.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
As a signatory to the filing, he directly condemns the tactics and force used in the encounter.
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More from this case
Read the full caseGreg Jackson calls the Jimenez shooting unlawful
“their agreement to dismiss with prejudice bolsters our own argument that the shooting itself was unlawful and the charges against Mr. Jimenez entirely fabricated and baseless. The shooter, Agent Ortiz, violated department policy by firing his weapon at a moving vehicle, and Mr. Jimenez was in fact complying with Mr. Ortiz’s orders to drive away when Mr. Ortiz tried to murder him and shot him anyway.”Read statement
Ayah Sarsour calls Ortiz’s force improper
“This case is yet another matter stemming from an aggressive ICE traffic stop and interaction with the public that resulted in catastrophic consequences and the subsequent filing of an unsupportable criminal charge. Indeed, this case fits a recent and endemic national pattern of ICE using aggressive traffic stop techniques and then employing the improper use of near-lethal force against an American citizen.”Read statement
Patty Murray calls DHS's account of the Jimenez shooting "ridiculous"
“Now the DHS version of events is once again ridiculous. They say that officers fired at him after he tried to run them over. Though—as with so many other cases—there is basically no evidence of that so far.”Read statement
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The Dispute Index. "Chad Pennington calls Ortiz’s force improper". First published: 2026-09-22. Last updated: 2026-09-22. https://disputeindex.com/events/1478-pennington-joined-a-defense-filing-that-called-the