Venezuelan Delivery Driver Charged With Assaulting ICE Agent After Austin Shooting

Federal prosecutors have charged Wilber Rafael Garces Perez, a 28-year-old Venezuelan delivery driver, with assaulting a federal officer following his shooting by an ICE agent in Austin on September 20. The complaint alleges Garces Perez struck an agent with his car mirror and fled, though he maintains he was attempting to park safely. The shooting officer did not wear a body camera, and Garces Perez remains detained with a bullet lodged near his spine.
Key points
- Wilber Rafael Garces Perez faces one count of assaulting, resisting, and impeding a federal officer in the Western District of Texas.
- The incident occurred on September 20 in Austin, Texas, while Garces Perez was working as a DoorDash driver.
- The affidavit states Garces Perez struck an agent with his side-view mirror before leading a high-speed chase.
- The officer who fired the shot, identified as L.G., was not wearing a body camera during the incident.
- Garces Perez remains in ICE custody in Texas with a bullet lodged near his spine and a fractured clavicle.
Background
This case follows a surge in ICE enforcement under President Trump, with the agency reporting over 50,000 monthly arrests in July and August 2026. It mirrors previous incidents, such as the Minneapolis shooting of Julio Cesar Sosa-Celis, where charges against the immigrant were dropped after video evidence contradicted the officer's account. Garces Perez entered the U.S. in 2024 via the CBP One program, which was terminated by the current administration. A federal judge has ordered him to appear in San Antonio on September 30, temporarily blocking his deportation.
How outlets are covering it
Federal prosecutors and the affidavit describe the encounter as initially conversational, with Garces Perez ignoring orders to exit and then striking an agent with his mirror before fleeing. Garces Perez and his attorney, Kate Lincoln-Goldfinch, dispute this, stating he asked to park so his wife could retrieve the car and that a law enforcement SUV struck his vehicle, causing it to spin before he was shot in the back. The New York Times and CBS News highlight the lack of full body camera footage from the shooting officer, noting that only screenshots from another agent's camera were released. AP News emphasizes the conflicting accounts of the lead-up, while TPR focuses on Garces Perez's ongoing medical needs and the protests surrounding his detention.
Why it matters
The case highlights ongoing tensions and scrutiny surrounding ICE enforcement tactics, particularly the use of force and the transparency of body camera footage. It raises questions about the validity of charges against individuals shot by federal agents and the adequacy of medical care provided to detainees. The outcome may influence public perception of immigration enforcement and the legal standards applied in such incidents.
What to watch
Garces Perez is scheduled to appear in federal court in San Antonio on September 30 for a habeas hearing. His attorneys are seeking his release from detention and adequate medical treatment, including surgery for the lodged bullet. The full body camera footage from the shooting officer remains unreleased, and the case may face further legal challenges regarding the charges and the circumstances of the shooting.
- Federal prosecutors charge Venezuelan man shot by ICE agent in Texas with assaulting an officer AP News
- Man Shot by ICE Agent in Austin Is Charged With Assault The New York Times
- Protections for federal officers make local prosecutions rare KXAN Austin
- Feds charge Venezuelan man shot by ICE agent with assaulting an officer CBS News
- Austin man shot by ICE still in pain, bullet lodged in his back, ahead of San Antonio hearing tpr.org
Want the full story? Read the original reporting
Read on AP News