The attorney for the man shot by U.S. Immigration and Customs Enforcement agents in Patterson is disputing federal claims and raising questions about what led up to the shooting, and what’s happening now at the hospital.

Carlos Ivan Mendoza Hernandez’s fiancée and attorney say they still don’t know his condition and are struggling to get basic information from authorities.

They’re also disputing ICE’s version of events and point to court documents that they say tell a very different story.

“I have a lot of concern right now about getting info, finding out how is he doing, is he alive, is he recovering and what is his situation,” said Patrick Kolasinski, Hernandez’s attorney.

Dashcam video captured the moments Tuesday morning when Hernandez tried to pull away from agents who were attempting to arrest him as ICE said he is wanted for questioning in El Salvador in connection with a murder. Kolasinski speculated that his reaction may have been driven by fear.

“I wasn’t with him, I can only imagine if you see what’s happening in immigration detention and find yourself about to be detained,” Kolasinski said. “It’s normal to try and flee.”

ICE claims Hernandez is a member of the 18th Street gang and is wanted in El Salvador. But his attorney says none of that is true. 

“Carlos is a family man who was on his way to work when he was detained by ICE. He has had no criminal contacts in the United States,” Kolasinski said.

Court documents from 2019 show Hernandez was charged with aggravated homicide, which was later reduced to simple homicide. The court documents also shows Hernandez was found not guilty.

“He was, in fact, acquitted, so he cannot possibly have a warrant out for his arrest,” Kolasinski said.

CBS Sacramento reached out to ICE regarding the court document from El Salvador, but has yet to hear back.

“I think the problem is the training,” Kolasinski said. “You have a not dangerous person and when they try to flee. First of all, the car was way too far behind. When you do a traffic stop, you pull up close behind. If you’ve ever gotten a ticket, you’ll see CHP is on your bumper. Why? So this can’t happen.”

Hernandez’s attorney and his fiancée both say they’re now struggling to get basic information.

“Sheriff’s office, no one, no one responded to me, being searching for answers,” said Cindy, Hernandez’s fiancée.

Cindy said she didn’t hear from the authorities first, but from her sister. After arriving at the hospital, she said an FBI agent took her into a room.

“He said, ‘I’m going to record you because I need to have this recorded, right?’ So I was expecting him to talk to me about Carlos. I literally asked how he’s doing, is he’s in the hospital. He said, ‘I cannot share any information. I’m not authorized.’”

CBS Sacramento reached out to the FBI and is awaiting a response. 

As they wait for answers, she said this goes beyond just one case.

“Right now it’s me and that’s the reason I’m here. I’m also representing our community,” Cindy said. “I don’t want this situation to continue and continue blaming these people, in this case, Carlos.”

Right now, his family and his attorney say they’re still attempting to find out his condition. 

Kolasinski said Wednesday evening that Hernandez is detained under the U.S. attorney’s office. Kolasinski added that Hernandez underwent a medical procedure, but the family doesn’t know his condition.