Retired San Jose police sergeant says the dashcam video showed no officer in danger

Scott CastruitaRetired San Jose police sergeant and co-founder of Fugitive Watch

Scott Castruita, a retired San Jose police sergeant and co-founder of Fugitive Watch, told ABC7 that from the dashcam video he saw a man trying to get away and did not see an officer in danger. He said officers must be able to articulate that they feared for their lives and had no other option, and that he could not articulate that from the video.

“I didn't see an officer in danger. But again, you need to be able to articulate the fact that you feared for your life or the life of somebody else, and this was the only means that you had at your disposal to shoot the guy. I wouldn't be able to articulate that from the vehicles.”

Reporting

Open source (opens in a new tab)NorCal man shot by ICE sees family for first time; claims he drove away after officers shot firstABC7 San Francisco (KGO-TV), April 10, 2026
Dash-camera footage showing vehicles and officers during the traffic stop involving Carlos Iván Mendoza Hernández.
Credit: U.S. Department of Justice court filing

Where this statement fits

Were federal immigration officers justified in shooting Carlos Iván Mendoza Hernández?

On April 7, 2026, federal immigration officers shot Carlos Iván Mendoza Hernández several times during a vehicle stop near Interstate 5 in Patterson, California. An FBI affidavit says the four-person team included three ICE Enforcement and Removal Operations officers and one Customs and Border Protection officer. It alleges Mendoza Hernández moved forward and struck an agent, reversed into a government truck, and then accelerated toward two agents, causing them to fire in response to an immediate threat. His attorney said agents fired while the car was stopped and that Mendoza Hernández fled the gunfire in panic. Public dashcam footage shows parts of the vehicle's movement but has no audio and does not establish when the shots were fired. Mendoza Hernández was later indicted on assault and property-damage charges, which remained unresolved as of September 22, 2026. The dispute is whether the vehicle posed an imminent threat when officers fired.

Read the full case

Case updates

Stay with the Mendoza Hernández shooting and assault case

Get an email if Mendoza Hernández's assault case goes to trial or is resolved, or if new evidence shows when officers fired.

Important updates only. Free. Confirm your email to start. Unsubscribe anytime. How we handle your email.

Source and context

Reporting

NorCal man shot by ICE sees family for first time; claims he drove away after officers shot first (opens in a new tab)ABC7 San Francisco (KGO-TV), April 10, 2026

About this source

Bay Area television report on Mendoza Hernández's account, with comment from a retired police sergeant who reviewed the dashcam video.

Archived copy (opens in a new tab)

Before the quotation

ABC7 asked Castruita to review the dashcam video recorded by a passing driver. He said San Jose police rules barred officers from shooting at a fleeing suspect without proper justification, and that based on what he saw, the man was trying to get away.

After the quotation

He added that body cameras would have helped. The station reported his view that the FBI investigation would ultimately determine whether the shooting was right or wrong.

How this statement is classified

Condemned

The label describes this statement's response within the context above.

Why this label?

Reference point: whether the officers were justified in firing at Mendoza Hernández. Castruita says the video showed no officer in danger and that he could not articulate a justification for the shots, which criticizes the decision to fire, so we used Condemned. We did not use Mixed or conditional because his wish for body-camera footage, and the station's report that he left the final determination to the FBI, do not change the conclusion he drew from the video. Evidence: a reputable television report quoting him directly.

Recorded on
Published here

More from this case

Read the full case

Cite this record

Publisher
The Dispute Index
Title
Retired San Jose police sergeant says the dashcam video showed no officer in danger
First published
Last updated
Permalink
https://disputeindex.com/events/4785-scott-castruita-a-retired-san-jose-police-sergeant

Last updated marks the most recent saved version of this published statement.

The Dispute Index. "Retired San Jose police sergeant says the dashcam video showed no officer in danger". First published: 2026-10-06. Last updated: 2026-10-06. https://disputeindex.com/events/4785-scott-castruita-a-retired-san-jose-police-sergeant