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U.S. Immigration and Customs Enforcement officer Mario Alberto Morales surrendered in Harris County court Monday and had bond set at $30,000 in a felony assault case arising from an October 10 collision in which his SUV struck a man during an immigration operation.
Morales faces a charge of aggravated assault with a deadly weapon after a grand jury indicted him Friday. The charge is an accusation, not a conviction. His lawyer disputes that he committed a crime and describes the collision as an accident.
Judge Matthew Peneguy set the bond at Monday’s first appearance, according to Houston Public Media’s account of the hearing. Prosecutors requested $75,000; defense lawyer David Lindenmuth sought $25,000, arguing Morales was not a flight risk or an ongoing threat to the community.
Competing accounts of the SUV strike
Morales is accused of striking Miguel Parra-Hernandez with an unmarked vehicle while pursuing him on October 10. Parra-Hernandez suffered leg and ankle injuries, Houston Public Media reported.
ICE has said Parra-Hernandez ran in front of the vehicle while officers were trying to arrest another man. His family, lawyer and advocacy groups dispute that account, as do prosecutors.
Surveillance video shows the vehicle crossing a median and striking Parra-Hernandez while he runs away, according to the Associated Press account carried by WTOP. The video and differing descriptions of it are central to the case; a court has not determined Morales’ criminal guilt.
Lindenmuth told Houston Public Media the collision was an accident caused by the circumstances of a pursuit, calling the indictment politically motivated. ICE likewise disputed claims of an intentional strike. Harris County officials have said the officer’s actions warranted criminal scrutiny.
Defense plans a federal-court challenge
The defense intends to seek removal of the case from state court to federal court, arguing Morales was carrying out federal duties, according to KHOU’s report of Monday’s proceedings. Defense attorney Michael Wynne said the team planned to pursue that process.
That is a planned legal request, not a ruling granting a move. Prosecutors plan to oppose it on the ground that the alleged conduct fell outside Morales’ federal duties, KHOU reported.
The next court appearance is scheduled for December 2, according to the defense attorney quoted by KHOU. The second-degree felony charge carries a potential prison term of two to 20 years if Morales is convicted, local outlets reported.
JBizNews Desk | Houston
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