Judge Declares Mistrial for 9 Charged in Texas ICE Facility Ambush

Defense lawyer's T-shirt with images of civil rights leaders led to mistrial, judge says

Published on Feb. 22, 2026

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A federal judge declared a mistrial for nine Antifa members charged with shooting a police officer while ambushing an ICE facility in Texas. The judge became outraged during jury selection when he noticed the defense attorney's shirt had images of Martin Luther King Jr. and Shirley Chisholm, which the court prohibits as it could influence the jury.

Why it matters

The mistrial will cost taxpayers hundreds of thousands of dollars and delay justice in a case involving an alleged attack on an ICE detention facility. It also raises questions about the boundaries of appropriate courtroom attire and the potential for clothing to sway a jury.

The details

The nine defendants face charges including attempted murder, rioting, and providing material support to terrorists for the alleged attack on the Prairieland Detention Center near Dallas. They were part of an armed mob who wore tactical gear and launched fireworks before shooting at the facility, striking a local police officer.

  • The alleged attack took place on July 4.
  • The mistrial was declared on February 18, 2026 during jury selection.

The players

Judge Mark Pittman

The federal judge who declared the mistrial after noticing the defense attorney's shirt with images of civil rights leaders.

MarQuetta Clayton

The defense attorney whose T-shirt with images of Martin Luther King Jr. and Shirley Chisholm led to the mistrial.

Benjamin Song

The alleged ringleader, a 32-year-old former Marine Corps reservist, who allegedly shot a local police officer in the neck.

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What they’re saying

“I'm left with no other choice. I'm really surprised an attorney would do this.”

— Judge Mark Pittman (Fort-Worth Star-Telegram)

“The mistrial will also cost taxpayers hundreds of thousands of dollars.”

— Judge Mark Pittman (nypost.com)

What’s next

A new jury selection will begin next week.

The takeaway

This case highlights the delicate balance courts must strike between ensuring a fair trial and respecting the rights of defendants and their legal counsel. The judge's decision to declare a mistrial over the defense attorney's clothing choice will likely prompt further scrutiny of courtroom attire policies and their potential impact on the judicial process.