A U.S. Immigration and Customs Enforcement agent accused of attacking a 72-year-old Fresno homeowner and his daughter can return to his home in Texas if he posts bail, a Fresno County judge ruled Tuesday.

David Gonzalez III, 32, of McAllen, Texas, appeared in custody and was brought into the Fresno County Superior Court courtroom in a wheelchair.

Gonzalez had been shot by the homeowner in self-defense, according to Fresno police.

His preliminary hearing, originally scheduled for Tuesday, was postponed until Jan. 14, 2027, at 8:30 a.m. in Department 31.

Prosecutors Say ICE Agent Is Not a Flight Risk

During Tuesday’s hearing, Gonzalez’s attorney, Brian C. Andritch of Fresno, requested that his client be allowed to return to Texas if released on bail.

Prosecutors agreed to the defense’s request, and the judge approved the modification, allowing Gonzalez to leave the state if he posts bail.

The protective orders previously issued in the case remain in effect.

Andritch also raised concerns that the court’s minute order did not reflect a reduction in Gonzalez’s bail from $57,000 to $37,000.

The court ordered the modification, and Andritch requested that the change be expedited so Gonzalez could post bail at the lower amount.

Gonzalez remained in custody during Tuesday’s hearing. It was not immediately clear whether he would post bail.

Following the hearing, GV Wire asked prosecutors whether they believed Gonzalez would be a flight risk if allowed to leave California, they said they did not believe so, explaining that the court would retain jurisdiction.

ICE Agent Faces Four Criminal Charges

Gonzalez pleaded not guilty on Oct. 14 to four charges stemming from an alleged Oct. 9 attack in Fresno’s Tower District.

He faces felony assault by means likely to produce great bodily injury, felony elder abuse, felony vandalism, and misdemeanor battery.

According to the Fresno County District Attorney’s Office, Gonzalez was found sleeping on the front lawn of a Tower District home early Oct. 9.

When the 72-year-old homeowner went outside and asked Gonzalez to leave, the federal agent allegedly attacked him, causing the man to fall and suffer visible injuries.

Prosecutors allege Gonzalez also threw the homeowner into a neighbor’s parked vehicle, causing significant damage.

When the homeowner’s daughter attempted to intervene, Gonzalez allegedly attacked her, causing her to fall to the ground.

Fearing for his safety and that of his daughter, the homeowner fired one round from a legally possessed firearm, striking Gonzalez, prosecutors said.

Gonzalez was arrested and taken to Community Regional Medical Center for treatment.

During his Oct. 14 arraignment, Andritch challenged the assault and elder abuse charges, arguing that the two counts involved the same incident and victim and could complicate sentencing.

Gonzalez faces a maximum sentence of four years and eight months in custody if convicted of all charges and allegations, according to prosecutors.

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