Federal prosecutors have charged Wilber Rafael Garces-Perez, a 28-year-old Venezuelan national, with assaulting a federal officer following an incident in Austin, Texas, on September 20, during which he was shot by an Immigration and Customs Enforcement (ICE) agent. The charges were announced by the U.S. Department of Justice on September 24, marking the latest development in the case.
On September 20, ICE officers conducted a traffic stop in Austin after determining Garces-Perez had a final order of removal issued by an immigration judge. According to court documents, Garces-Perez was initially pulled over after exiting a restaurant. He provided his Texas driver’s license to officers, who verified his identity. One officer wore a body-worn camera during the encounter, while the officer who fired the shot was not wearing one.
Garces-Perez’s attorney stated he was driving for DoorDash at the time of the stop. The Justice Department alleges that Garces-Perez disregarded commands to exit the vehicle and drove away, striking an officer with his driver’s-side mirror as he fled. A brief vehicle chase ensued before the shooting occurred. Garces-Perez was struck by a bullet near his spine and was hospitalized before being taken into ICE custody with the bullet still lodged in his back.
Key timeline of events:
- September 20: Traffic stop initiated; Garces-Perez shot by ICE officer; hospitalized and later detained.
- September 24: Federal charges of assaulting a federal officer filed against Garces-Perez.
The Charges and Official Account
Federal prosecutors allege Garces-Perez committed one count of assaulting, resisting, interfering with, or impeding a federal officer under 18 U.S. Code § 111. The criminal complaint, supported by a Homeland Security affidavit, states that Garces-Perez’s vehicle struck an officer with its mirror as he drove away. The affidavit further claims that Garces-Perez led officers on a high-speed chase before the shooting occurred.
According to the affidavit, one officer—identified as “L.G.”—fired into Garces-Perez’s vehicle after alleging the driver attempted to strike him with the car. The officer who fired the shot was not wearing a body camera at the time. Another officer, identified as “D.F.”, had a body camera but turned it off during the pursuit.
The Department of Homeland Security’s special agent who authored the affidavit included an interview with Garces-Perez, who stated he asked to park his car so his wife could retrieve it, fearing detention. Garces-Perez admitted to driving away but disputed claims that he attempted to strike an officer with his vehicle.
Garces-Perez’s Account and Legal Response
Garces-Perez’s legal team has not publicly commented on the charges as of September 24. In his statement to investigators, Garces-Perez claimed that an agent struck his car during the initial traffic stop, a detail disputed by the ICE agent. He also stated that he did not hear or see emergency lights activated before driving away, though this is contested in the affidavit.
The criminal complaint notes that Garces-Perez was released from the hospital and taken into ICE custody within hours of the shooting, where he remains detained at the South Texas Detention Complex in Pearsall. If convicted, he faces up to 20 years in prison under federal law.
Immigration Status and Broader Context
ICE confirmed that Garces-Perez had a final order of removal issued by an immigration judge, meaning he was subject to deportation. His case has drawn attention amid broader debates over immigration enforcement policies in the United States, particularly under recent administrations.
The incident occurred in a state with active immigration enforcement measures, and the shooting has reignited discussions about the use of force by federal agents during arrests. The case also highlights the challenges faced by Venezuelan migrants, many of whom have fled economic and political instability in their home country.
What’s Next?
Garces-Perez is scheduled to appear in federal court in the coming weeks to respond to the charges. The case may prompt further scrutiny of ICE operations, particularly regarding the use of force and adherence to protocols during traffic stops and arrests.
Federal officials have not indicated whether an internal review of the shooting will be conducted. The officer involved in the shooting has not been publicly identified, and no disciplinary actions have been announced.