Federal prosecutors have charged 28-year-old Venezuelan immigrant Wilber Rafael Garcés Pérez with assaulting and resisting a federal officer following a Sept. 20 traffic stop in North Austin that ended with an Immigration and Customs Enforcement agent shooting him in the back.
The criminal complaint filed in U.S. District Court alleges that Garcés Pérez fled from immigration agents in North Austin, striking one officer with his vehicle’s side-view mirror during the getaway according to a court filing. The encounter began when ICE Enforcement Removal Operations officers performed a traffic stop after confirming he was subject to a final order of removal from an immigration judge.
Prosecutors state that Garcés Pérez handed over his driver’s license but then ignored instructions to step out of his car. Speaking in Spanish, he asked if he could move his vehicle instead in a pleasant and non-aggressive tone. Moments later, authorities allege he closed his window, drove off, and led agents on a high-speed pursuit through commercial and residential streets after an agent cut off his car.
Disputed Accounts of the Pursuit and Shooting
The sequence of events leading up to the gunfire remains sharply contested by legal representation and law enforcement filings. Court documents indicate that during the chase, one ICE agent deliberately collided with Garcés Pérez’s car to end the pursuit before the agent shot him. Prosecutors maintain the shooting occurred because Garcés Pérez attempted to strike an officer with his vehicle while standing outside the vehicle.
That narrative conflicts directly with the account Garcés Pérez provided to his legal team. His attorney, Kate Lincoln-Goldfinch, stated that her client was working as a DoorDash delivery driver when unmarked federal vehicles sideswiped his car twice without activating emergency lights or sirens, leaving him unaware that he was dealing with law enforcement until he was shot.
Surveillance and body camera mechanics have added scrutiny to the federal operation. Court records show that only one of the two involved agents—identified by initials in documents as D.F. and L.G.—was wearing an active body-worn camera, and that officer turned the device off at some point during the pursuit. The agent who fired the shot, identified as L.G., was not wearing a body camera at the time.
Medical Concerns and Legal Proceedings in Federal Court
Following the shooting on the 8000 block of Anderson Square, Garcés Pérez was transported to Dell Seton Medical Center. Just three hours after arrival, he was discharged directly into ICE custody with the bullet still lodged in his back. He has since been held at the South Texas ICE Processing Center in Pearsall while supporters and local lawmakers call for his immediate release.
His legal team learned of the newly unsealed federal assault charges on Tuesday morning when Garcés Pérez failed to appear for a pre-scheduled legal meeting at the appointed time. Attorneys expressed alarm over his physical condition during his court appearance, noting he suffers from dizziness and severe pain without adequate pain management.
“This morning, when his attorneys were finally able to see him, he was in considerable pain, dizzy, and needed pain medication, which had not been provided. Rather than provide the life saving medical care he needs, DHS and the government are playing games with his life.”
Kate Lincoln-Goldfinch, lead attorney for Wilber Rafael Garcés Pérez, via Yahoo
U.S. Rep. Greg Casar visited the detained man last week, arguing that his medical needs override administrative enforcement during a public news conference.
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