Judge denies bond for Venezuelan driver shot by ICE in Austin, citing flight risk

Key points

• Judge Dustin Howell denied bond, keeping Garcés Pérez in federal custody on charges of assaulting a federal officer, which carries up to 20 years in prison.
• The shooting occurred during a traffic stop in Austin; prosecutors allege Garcés Pérez fled and struck an officer with his car mirror, while he claims he was trying to park safely.
• Garcés Pérez, who has a bullet lodged in his back, appeared in court in a wheelchair; his attorneys demand immediate surgery and accuse ICE of denying medical care.
• The shooting officer was not wearing a body camera, and the footage presented in court did not capture the moment of the shooting, leading to disputes over the sequence of events.

Background

Garcés Pérez, a DoorDash driver, was shot in the back by an ICE agent in Austin on September 20. He entered the U.S. in 2024 via the CBP One program, which was ended by President Trump. A judge had previously blocked his deportation, but he now faces federal assault charges. The incident has sparked protests and criticism of ICE's enforcement tactics.

How outlets are covering it

NBC News and KUT report that the judge denied bond based on flight risk, with KUT noting the judge disagreed with prosecutors that he was a danger to the community. FOX 7 Austin highlights the surprise nature of the court appearance and the defense's claims of inadequate medical care. All sources agree on the lack of body camera footage from the shooting officer, but differ in emphasis: NBC and KUT focus on the legal proceedings and medical crisis, while FOX 7 Austin emphasizes the government's alleged negligence and the defense's lawsuit to prevent removal.

Why it matters

The case highlights ongoing tensions over ICE enforcement, the use of force, and the treatment of detainees. The lack of body camera footage and the denial of bond have drawn criticism from Democrats and human rights advocates, raising questions about accountability and medical standards in federal custody.

What to watch

Garcés Pérez's legal team has filed a lawsuit to prevent his removal from the U.S. and is demanding the release of full body camera footage. His case will proceed in federal court, with the next steps likely involving further hearings on the assault charges and his immigration status.