Austin ICE Shooting Victim Undergoes Surgery After 11-Day Delay

3 min read
Source: KUT
Austin ICE Shooting Victim Undergoes Surgery After 11-Day Delay
Photo: KUT
TL;DR

Wilber Garces Perez, a Venezuelan delivery driver shot by an ICE agent in Austin on September 20, underwent surgery on October 1 to remove a bullet lodged in his back. He remains in federal custody facing up to 20 years in prison for assaulting a federal officer. His lawyers argue the government delayed medical care and denied family access, while prosecutors maintain he fled a traffic stop and struck an agent with his car mirror. The shooting officer did not wear a body camera, and the incident has drawn criticism over ICE’s accountability and medical treatment of detainees.

Key points

  • Garces Perez underwent surgery on October 1, 11 days after being shot on September 20, according to his attorney Kate Lincoln-Goldfinch.
  • He remains in custody with the U.S. Marshals Service after Judge Dustin Howell ruled him a flight risk, denying bond.
  • The shooting officer was not wearing a body camera, and the other officer involved turned off his camera before arriving at the scene, according to DHS agent Rick Bazan.
  • Garces Perez faces one count of assaulting, resisting, and impeding a federal officer, carrying a maximum sentence of 20 years.
  • His lawyers filed a lawsuit to prevent his removal from the U.S. and accused ICE of denying him adequate medical treatment.

Background

Garces Perez entered the U.S. in 2023 via the CBP One app and applied for asylum. He received a removal order in August 2025, which his attorney claims was sent to a former address. His work permit expired in December 2025. Prior to the shooting, Rep. Greg Casar visited him in detention, highlighting concerns over his medical care. This incident is part of a broader pattern of ICE shootings under the current administration, with at least six deaths reported, including three U.S. citizens.

How outlets are covering it

KUT Radio and The Texas Tribune emphasize the lack of body camera footage and the delayed surgery, framing the incident as a failure of accountability and medical neglect. NBC News highlights the conflicting accounts of the chase, noting that prosecutors presented video from a nearby business but not of the shooting itself. All sources agree on the basic facts of the shooting and charges but differ in emphasis: KUT and The Texas Tribune focus on the government’s refusal to cooperate and medical delays, while NBC News details the legal proceedings and the judge’s decision to keep him in custody. The defense argues the charges are retaliation, while prosecutors maintain the actions were justified by the suspect’s flight and alleged assault.

Why it matters

This case highlights ongoing tensions over ICE enforcement tactics, the lack of transparency due to missing body camera footage, and the medical treatment of detainees. It has drawn attention from lawmakers and advocacy groups, with calls for Garces Perez’s release due to his medical needs. The incident also reflects broader criticisms of the Trump administration’s immigration crackdown and the use of high-risk stops without adequate accountability measures.

What to watch

Garces Perez’s legal team will continue to fight his detention and seek to prevent his deportation. The criminal case will proceed, with further hearings expected. Advocacy groups and lawmakers may continue to pressure for transparency and medical care for detainees. The outcome of his surgery and recovery will be closely monitored by his family and legal team.

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