BOULDER COUNTY, Colo. A social media post announcing the arrest of two men from the Denver branch of U.S. Immigration and Customs Enforcement (ICE) sparked a swift response from the Boulder County District Attorney.ICE Denver s aid two men were taken into custody with pending charges of felony homicide, felony assault, and firing a weapon.However, no one died in the incident they referenced out of Boulder County."I never want the community to have the wrong impression that the justice system has failed, unless that's actually happened, in which case I'll be the one saying it," District Attorney Michael Dougherty said. "I was shocked to learn that they were claiming that the two victims had been killed, when in fact no one had actually been hit by a bullet.ICE Denver issued a correction on X, saying the original post should have said the defendants are charged with attempted felony homicide."The fact remains that these violent egregious offenders were released into YOUR community rather than transferred into ICE custody via jail setting," the new post reads.Denver7 obtained the arrest affidavit in the case against Fabio David Escobar-Munguia and Yerlin Levi Munguia-Hernandez. The court documents show that Boulder County Sheriff's Deputies responded to a road rage incident where shots were fired on Highway 36 and McCaslin Boulevard on June 11.Investigators met with a man who had been driving with his son in a Dodge Ram truck, who told them that a Ford Mustang "accelerated towards them in a reckless manner." According to the man in the truck, the Mustang eventually passed them and a person in the car fired shots toward the front of the truck.A driver in a third vehicle confirmed that she saw a silver car tailgating a truck, before a passenger in the car fired a gun at the truck.Two men, Escobar-Munguia and Munguia-Hernandez, were taken into custody with assistance from the Arvada Police Department and Colorado State Patrol.No one was injured in the road rage shooting."Obviously, still a really serious case, but no need to exaggerate and misrepresent the facts. They [ICE] could have just told the truth, and that would have been entirely fine, but I think representing to the community that it's a murder, when in fact no one was actually hit by a bullet, gives people the wrong impression of what the case is about and what the judge did in setting bond," said Dougherty.Both Escobar-Munguia and Munguia-Hernandez were charged with four counts of criminal attempt to commit murder in the first degree (F4), two counts of menacing (F5), two counts of Illegal Discharge of a Firearm (F5) and two counts of Crime of Violence (SE).The initial post from ICE Denver continued to say that Boulder County released the two men on bond.Targeting Boulder County law enforcement and our office with that tweet just seems unnecessary, overly political, and not consistent with what you'd expect from a government agency doing their job," said Dougherty.Dougherty explained how that release on bond came to be. He said that at the initial bond hearing on June 12 for the defendants, prosecutors secured a $100,000 bond for each man. According to Dougherty, the judge set their bond at $100,000, along with a $10,000 cash-only bond option.The defendants posted their $10,000 cash-only bonds on June 24. Warrants for their arrest were issued this week for different failures to comply with the conditions of their bond.According to Dougherty, prosecutors requested a $200,000 secured bond with no cash option for the defendants after their violated the terms set by the court."ICE arrested them for immigration issues unrelated to the criminal case. So, ICE picked them up. We learned about that from the tweet that ICE sent out," said Dougherty. "ICE did not notify us. ICE did not notify the Boulder County Sheriff's Office. ICE tweeted out to the world that they had picked up these two defendants on a felony homicide case involving two individuals, two victims."Denver7 reached out to ICE Denver for a statement about the social media post, and a spokesperson said, in part, that they will "not be deterred by activist politicians who refuse to acknowledge the seriousness of the threat criminals bring to their communities."According to another social media post from ICE Denver, Escobar-Munguia will be deported, and Munguia-Hernandez will remain in custody pending immigration proceedings. The post also said they are both from Honduras.We are now actively communicating with them [ICE], because we want to make sure these two individuals are not deported before they face justice in Boulder County and in Colorado," Dougherty said. Make no mistake about it, all throughout the state in Democratic jurisdictions where the DA is Democrat, but also where DAs are Republicans throughout Colorado, this is happening where defendants are getting picked up in the middle of the prosecution, and your viewers should be aware that when someone's picked up in the middle of prosecution, the case cannot go forward.Dougherty said his staff is working to obtain court orders sent over to ICE in order to continue prosecuting the Colorado case against the defendants."When defendants disappear and are deported in the middle of a case, it's not public safety, because there's no consequence for the criminal conduct, no justice for the victim, and no form of closure for the community," Dougherty said. "I recognize that we need secure borders in this country, and that individuals who are convicted of crimes should be deported with due process. I've been operating that way as a prosecutor for the past 30 years, but when this is happening in this manner, with no notice to my office or to law enforcement, with people being deported perhaps in the middle of a case and the community being provided misinformation, that can't be how the system works. We have to do better, and I'm going to keep pushing hard to make it better."Read the full statement from ICE Denver below: ICE Denver protects the homeland by arresting and removing those who undermine public safety and violate immigration laws in Colorado and will not be deterred by activist politicians who refuse to acknowledge the seriousness of the threat criminals bring to their communities.nbsp; Fabio Escobar-Munguia and Yerlin Menguia-Hernandez, illegal aliens from Honduras, are now in ICE custody following their arrest June 28 where they cannot continue to be a danger to local community members. They are facing immigration proceedings and removal while in ICE custody and both are facing very serious felony charges in Boulder. ...read more read less