In a formal letter and follow-up email, the city informed Madera that it would not pursue charges related to the incident at this time. The letter was signed by Theodore “Ted” Smith III, the Assistant City Prosecutor for Pasadena, according to Madera.
City chief communications officer Lisa Derderian said that based on a review of the police report and relevant case law, the Pasadena City Prosecutor’s Office concluded that there was insufficient evidence to prove the case beyond a reasonable doubt and therefore the decision was made not to file the case.
“They weren’t going to file any criminal charges against me for now,” Madera said. “But the language leaves open the possibility of future review, and that doesn’t sit well with us.”
Madera was stopped by Pasadena police, arrested for misdemeanor resisting or obstructing an officer from performing his or her lawful duties during the detainment, cited, and released on Jan. 7 after following suspected U.S. Immigration and Customs Enforcement officers driving through neighborhoods near the Pasadena Civic Center.
In the city letter, which Madera also read publicly in a Facebook reel, the prosecutor said the matter may still be subject to further review up to the statute of limitations.
According to Madera and his legal team, the type of language included in the correspondence is commonly used in cases where charges are ultimately not pursued, but they said it can leave individuals uncertain about whether an incident is fully resolved.
“The City Prosecutor’s Office would only reopen the matter if new information or additional evidence was presented to the office for consideration,” Derderian noted.
Madera said his attorneys have requested clarification from the City Attorney’s Office regarding the language in the letter and are awaiting a response. He is being represented by attorneys with the National Day Laborer Organizing Network.
That wording was not well received by Madera and his organization, the National Day Laborer Organizing Network. In the Facebook reel, Madera said he had been told the language was procedural, “but we are still pushing for this case to be completely closed.”
The Jan. 7 encounter occurred amid heightened community concern over ICE activity in Pasadena.
City officials have repeatedly stated that the Pasadena Police Department does not assist or participate in federal civil immigration enforcement.
Earlier, Madera told Pasadena Now that city police did not ask him any questions about his immigration status during his detention and booking.
In Madera’s account of the incident, he was heading to Altadena for an event about the Eaton Fire when he received a call that ICE was in town. He said he and others were observing ICE actions and that he followed an unmarked car, which he described as making U-turns and driving recklessly, before the ICE vehicle stopped in front of the Pasadena Police Department on Garfield Avenue.
Madera said Pasadena police officers then stopped and questioned him, but not the driver of the unmarked vehicle, and that police asked for his license, registration, and other documentation, but would not say why.
Madera described the city’s decision not to file as “a victory for the community,” adding that, “When they come for one of us, they come for all of us.”
Madera said the city has agreed to participate in a public community forum to discuss the incident, as well as previous encounters involving Pasadena police and ICE. Details regarding the time and location of the forum have not yet been announced.
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