AUSTIN, Texas — A federal judge on Wednesday denied bond to Wilber Rafael Garcés Pérez, the 28-year-old Venezuelan delivery driver who was shot by an Immigration and Customs Enforcement (ICE) agent during a traffic stop in Austin on September 20, allowing his prosecution to proceed on charges of assaulting a federal officer.
Judge Dustin Howell ruled that Garcés Pérez, who remains in ICE custody with a bullet lodged near his spine, must stay detained pending trial. The decision came after prosecutors presented body-worn camera footage of the encounter, which they allege shows Garcés Pérez striking an ICE officer with his driver’s side mirror as he attempted to flee. The defense disputes this account, calling the charges retaliation and arguing the footage is inconclusive.
Garcés Pérez faces one count of assaulting, resisting, and impeding a federal officer, which carries a maximum sentence of 20 years in prison if convicted. His attorneys have filed a lawsuit seeking to prevent his removal from the U.S., while Democratic lawmakers and immigrant rights advocates have criticized the prosecution as part of the Trump administration’s aggressive immigration enforcement policies.
Courtroom Proceedings Highlight Medical and Legal Struggles
During Wednesday’s hearing, Garcés Pérez appeared in a wheelchair, wearing a sling on his arm and requiring assistance to listen to a Spanish translation of the proceedings. His attorneys stated he remains in intense pain and has not received the urgently needed surgery specialists have recommended. The bullet is lodged close to his spine, and medical records indicate he has been denied treatment while in ICE detention.
The defense argued that the charges are baseless, asserting that Garcés Pérez was not the target of a criminal investigation but was simply working a DoorDash shift when he was stopped. Prosecutors countered that Garcés Pérez’s alleged attempt to flee and strike an officer justified his detention, with Homeland Security Investigations Special Agent Rick Bazan signing the criminal complaint. Bazan testified in court but could not confirm whether the ICE officer was struck by the mirror, as the officer was not interviewed and was not wearing a body camera at the time.
Disputed Accounts of the Traffic Stop
The government’s affidavit presents conflicting versions of the September 20 encounter. According to the affidavit, an ICE officer noticed Garcés Pérez’s car with its emergency flashers on outside a restaurant. Garcés Pérez’s attorneys claim an unmarked SUV cut him off, causing a collision before activating its lights. The government alleges Garcés Pérez struck the officer with his mirror while attempting to drive away, though no independent witnesses have corroborated this claim.
Garcés Pérez’s legal team has called the prosecution vindictive, noting that he was not the subject of a prior criminal warrant and that the stop was initiated based solely on a removal order discovered after running his license plate. His attorneys have also argued that the bond denial was unjust, citing his medical condition and lack of flight risk to Venezuela, where he has a child.
Political Fallout and Broader Immigration Enforcement Debate
The case has drawn widespread outrage in Austin, with local officials and immigrant advocacy groups condemning the prosecution as an example of excessive force and prosecutorial overreach. Critics argue that Garcés Pérez’s treatment reflects broader concerns about ICE’s tactics under the Trump administration’s immigration policies, which have expanded enforcement actions against undocumented immigrants, including those with no prior criminal record.
Proponents of the administration’s approach, including some federal lawmakers, contend that strict enforcement is necessary to deter illegal immigration and uphold immigration laws. They argue that Garcés Pérez’s alleged actions—whether intentional or not—warrant prosecution under federal law, regardless of his immigration status.
Garcés Pérez’s next court appearance has not yet been scheduled. His attorneys continue to seek his release on bond and immediate medical treatment, while federal prosecutors maintain that his detention is justified pending trial.