A federal judge in Nebraska delivered sharp criticism of the government’s characterization of an immigration arrest case on Thursday, even as he sentenced Gabriel Hurtado-Cariaco to 14 months in prison following a plea agreement.
Chief U.S. District Judge Robert F. Rossiter Jr. expressed serious concerns about how federal authorities had portrayed the June 18, 2025 arrest incident in Bellevue, a suburb of Omaha. The judge specifically took issue with descriptions of Hurtado-Cariaco as a terrorist and attempted murderer, stating these characterizations were not supported by evidence.
Hurtado-Cariaco had pleaded guilty to assaulting and resisting a federal officer with infliction of bodily injury. As part of the plea agreement, prosecutors dropped additional charges including material support to the Venezuelan gang Tren de Aragua and two counts of resisting a federal officer.
The case centered on an arrest attempt by Immigration and Customs Enforcement and FBI agents outside Hurtado-Cariaco’s apartment building. According to the federal agents’ initial account, Hurtado-Cariaco exited his vehicle with hands raised but then allegedly threw himself against an ICE agent, knocking her into the air and causing her head to hit the ground. The agents claimed he attempted to put the ICE agent in a chokehold, which officers consider deadly force, before an FBI agent intervened and Hurtado-Cariaco fled on foot.
However, video recordings captured by two bystanders presented a different version of events. These recordings, while not shown in court, were referenced by Judge Rossiter in his decision. The judge stated there was no evidence supporting the claim that Hurtado-Cariaco had put an agent in a chokehold.
Victor Aragon, one of the witnesses who recorded the incident, testified that he saw the agents return to the scene immediately after the struggle. When asked about the ICE agent’s condition, Aragon stated she showed no signs of physical distress and was walking and moving normally.
Defense attorney Richard H. McWilliams portrayed his client as a victim of government misrepresentation rather than the dangerous criminal depicted in initial reports. He described Hurtado-Cariaco as a former Venezuelan military member who had deserted and fled persecution under the Maduro regime, claiming his client had been tortured and had his toenails removed by Venezuelan authorities.
McWilliams noted that Hurtado-Cariaco had legally entered the United States and obtained a work permit after fleeing through Colombia and Mexico, where he was robbed by cartel members. The defense attorney suggested his client’s case reflected changing government attitudes toward Venezuelan immigrants.
Speaking through a translator, Hurtado-Cariaco attributed his reaction during the arrest to trauma from previous encounters with law enforcement in Venezuela and Mexico. He explained that Mexican police had beaten him and taken his phone, causing him to panic when approached by federal agents in Nebraska.
Prosecutor Donald J. Kleine disagreed with the defense’s characterization that agents had lied, describing the incident as occurring during a heated moment. He emphasized that Hurtado-Cariaco had pleaded guilty to a felony charge.
The Department of Homeland Security had initially publicized the arrest, describing Hurtado-Cariaco as a Tren de Aragua gang member who tried to kill a law enforcement officer. Authorities cited a clock tattoo with an all-seeing eye on his forearm and his stated preference to serve time in a Colorado federal prison where he knew people as evidence of gang affiliation.
Judge Rossiter, while critical of the government’s narrative, maintained that Hurtado-Cariaco was guilty of the charge to which he pleaded. The judge acknowledged that federal officers were injured during the incident, though he noted the agents were masked for unspecified reasons.
With credit for time already served since his arrest over a year ago, Hurtado-Cariaco’s remaining prison time should be minimal. However, the felony conviction likely creates significant obstacles for his ability to remain in the United States following his release.
Despite his legal troubles, Hurtado-Cariaco expressed continued faith in the American system, telling the judge he still believes the United States is the best country in the world.
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