Federal prosecutors have charged Wilber Rafael Garces Perez, a 28-year-old Venezuelan delivery driver, with assaulting a federal officer following an incident in Austin, Texas, in which he was shot by a U.S. Immigration and Customs Enforcement (ICE) agent. The charges stem from a traffic stop and subsequent confrontation that took place on September 20.
According to court documents and a Department of Homeland Security (DHS) affidavit, officers observed Garces Perez’s vehicle parked outside a restaurant with its emergency flashers on. A database check reportedly revealed that the car was registered to Garces Perez, who had a final order of removal from the United States. Agents approached the vehicle, initially engaging with him in what was described as a “pleasant” interaction. Garces Perez provided his driver’s license but declined to exit the vehicle, reportedly asking officers to delay his arrest until his wife could come to take possession of the car.
According to authorities, roughly a minute later, Garces Perez closed his window and attempted to drive away. During the attempt to flee, Garces Perez struck one ICE agent in the torso with the vehicle’s side mirror. The officers pursued him in what court documents describe as a high-speed chase through residential and commercial areas. The pursuit ended when an ICE agent, identified only by the initials “L.G.,” fired his weapon through the back right window of Garces Perez’s car, striking him in the upper back.
While details behind the exchange differ between parties, Garces Perez and his legal representatives maintain that the ICE officers did not initially activate their law enforcement lights and that Garces Perez believed he was dealing with an aggressive driver before realizing the individuals were agents. Garces Perez also contends that he tried to move his vehicle to a safer location and disputes some aspects of the government’s account, including the claim that he intentionally struck an officer with the car. An investigator who spoke with Garces Perez noted he admitted to disregarding officers’ commands.
The officer who discharged his firearm was reportedly not wearing a body camera at the time, and while another officer present had a body-worn camera, it was turned off during the pursuit, according to the affidavit. ICE has faced criticism for inconsistent use of body cameras following recent officer-involved shootings.
Garces Perez, who had been working as a DoorDash driver and came to the United States seeking asylum, reportedly missed a court hearing due to confusion over an address change but maintained a work permit. He remains detained and faces up to 20 years in prison if convicted of assaulting, resisting, and impeding a federal officer. A detention hearing is scheduled in the coming days.
Legal representatives for Garces Perez have criticized the government’s handling of his medical treatment following the shooting, noting he still has a bullet lodged in his back, and accusing DHS of delaying necessary care. The Justice Department and DHS declined to comment directly on the case.
This shooting is the second officer-involved incident involving ICE agents in Texas since July, amid the federal agency’s expanded immigration enforcement efforts under the current administration. The case has drawn scrutiny from critics who question ICE’s tactics and training standards, particularly regarding new recruits and use of force during vehicular stops and arrests. Defense attorneys have argued that high-profile charges such as these are sometimes used to justify aggressive enforcement policies, even as evidence in similar cases has occasionally contradicted official accounts.