ICE agent won’t be charged in shooting

July 11th, 2012, 7:39 pm
by Tony Saavedra, Register investigative reporter

Orange County’s district attorney can’t figure out who’s telling the truth, so no criminal charges will be filed against Daniel Noriega or the Immigration and Customs Enforcement agent who shot at him Dec. 1, 2011, near an Anaheim school.

A report by the district attorney’s office identified the agent as Justin Wiessner and said witnesses could not corroborate Noriega’s story that the agent fired at him without provocation or Wiessner’s story that Noriega was trying to run him down. Footage from surveillance cameras did not show the area of the shooting, the report said.

The Watchdog in February told you about Noriega, a 28-year-old, Orange County-born carpenter who was dropping off his girlfriend’s son across the street from Westmont School. Noriega — wearing a ball cap and sunglasses — did not know that he was being followed by ICE agents who had mistaken him for drug trafficking fugitive Juan Carlos Alcala. (Noriega was living in Alcala’s old apartment, with Alcala’s old girlfriend and shuttling Alcala’s son around.)

Noriega told the Watchdog that he was in the parking lot of Anaheim Plaza about 8:45 a.m., when a unmarked police car skidded to a stop in front of him. Then the driver shot at him and activated a light bar across the windshield. Noriega said he didn’t stick around long enough to ask questions but maneuvered around the police car and sped off in his girlfriend’s GMC Yukon.

Followed by ICE agents, Noriega drove to a Mobil station in Buena Park, where he borrowed a phone and called 911. Anaheim officers took custody of Noriega. They had heard a different story from ICE. According to the district attorney’s report, Wiessner said he fired his .40 caliber Sig Saur semi-automatic once through the windshield of his Chevy Impala because Noriega tried to ram his car.

Noriega denied that he tried to hit anybody, saying he sped away only after the shot was fired. Noriega was questioned that day and released by Anaheim detectives, who drove him home and later paid the impound fee on the Yukon.

Internally, Anaheim police officials indicated the shooting was questionable. In tapes obtained by Noriega’s attorney, Nick O’Malley, an Anaheim dispatcher can be heard saying the shooting was “all FUBAR through ICE,” using a military expletive for “(messed) up beyond all recognition.”

Prosecutors directed the investigation back to the Department of Homeland Security.

Noriega said Wednesday that he was disappointed no charges would be brought against Wiessner.

“I don’t think that’s fair for him to take a gunshot toward me and get away,” Noriega said. “I’m living my life like normal and they tried to kill me.”

Noriega said he never feared that he would be charged himself.

“I didn’t do anything wrong.”

Noriega said he will sue Wiessner in federal court.

ICE agent won’t be charged in shooting - OC Watchdog : The Orange County Register