A federal grand jury indicted two Ontario medical center staffers after they were accused of assaulting a federal immigration officer who was arresting a man authorities believed was undocumented last month. The new charges appear to be retaliatory, defense attorneys said Wednesday.
Jose de Jesus Ortega, 38, of Highland and Danielle Nadine Davila, 33, of Corona each were indicted on one count of assaulting, resisting and impeding a federal officer, according to the U.S. Department of Justice.
Prosecutors in the U.S. Attorney’s Office for the Central District of California initially charged Ortega and Davila last month in a criminal complaint with assaulting a federal officer and conspiracy to prevent a federal immigration officer from completing his duties through force and intimidation.
“This story is another example of a false narrative echoed in the media in furtherance of an agenda to delegitimize federal agents,” said United States Attorney Bill Essayli in a statement when charges were first announced July 25. “The illegal alien arrested inside the surgery center was not a patient. He ran inside for cover and these defendants attempted to block his apprehension by assaulting our agents.”
Ortega’s and Davila’s attorneys said they believe the grand jury indictment was a retaliatory action because their clients declined an offer from prosecutors to plead guilty to a misdemeanor charge earlier this month. Their lawyers said there has been no new evidence or witnesses to justify a new felony charge against their clients.
“It seems vindictive if you ask me,” said Oliver Cleary, Davila’s attorney.
Carlos Juarez, Ortega’s lawyer, said he also believes the indictment was a way of punishing the defendants because the case has garnered attention on social media and from local immigration rights advocates.
A request for comment was placed with the U.S. Attorney’s office on the defense attorneys’ assertions.
Two Immigration and Customs Enforcement officers were making “roving immigration-related enforcements” on July 8 in Ontario and were following a truck with three men in an unmarked government-operated vehicle when the truck made a sudden turn into the parking lot of the Ontario Advanced Surgery Center, the DOJ said.
The men got out of the truck and two ran as officers approached, prosecutors allege.
An officer “partially detained” one of the men, a Honduran immigrant named Denis Guillen-Solis, near the surgery center’s front entrance, but he pulled away, causing himself and the officer to fall, according to the DOJ.
A medical staffer helped Guillen-Solis up and pulled him away from the officer. He ran inside the surgery center, but an ICE officer followed and stopped him, the DOJ said.
Prosecutors allege Davila pushed herself between Guillen-Solis and the officer, pushing the officer and yelling “let him go” and “get out,” while Ortega is accused of grabbing the officer’s arm and vest. The staffers were dressed in medical scrubs, the DOJ said.
In a viral video of the confrontation, one staff member says, “Get your hands off of him. You don’t even have a warrant,” while shielding the man from an ICE officer. “Let him go. You need to get out.”
Eventually, the officers detained and handcuffed Guillen-Solis.
Davila and Ortega face a maximum sentence of eight years in prison if convicted. Their trial is scheduled for Oct. 6.