Austin officials probe ICE shooting as victim faces deportation despite bullet in back

Key points

• Austin Police Chief Lisa Davis and Travis County DA José Garza are conducting an independent investigation into the shooting of Wilber Rafael Garces Perez by an ICE officer on Sunday.
• Garces Perez, a 28-year-old Venezuelan national, was shot in the torso while working as a DoorDash driver; a bullet remains lodged in his back near his spine.
• The victim was transferred to a federal detention facility in Pearsall, Texas, four hours after the shooting, despite suffering from partial paralysis and a fractured clavicle.
• A federal judge ordered Garces Perez to remain in the US for a hearing on Sept. 30, temporarily blocking his deportation, as prosecutors view him as a material witness.
• The ICE officer involved was issued a body camera but was not wearing it during the incident; another officer in the vehicle captured partial footage that does not show the shooting.

Background

This incident follows a pattern of ICE-involved shootings, including a fatal shooting in Houston in July and another in Maine. Local officials have expressed concern that federal agencies may withhold evidence, citing previous cases in Minnesota and Houston where local prosecutions were slowed. Garces Perez entered the US legally seeking asylum but received a final removal order after missing a hearing due to a mailing error.

How outlets are covering it

KUT Radio emphasizes the local investigation's reliance on DHS cooperation, noting that APD and the DA are awaiting evidence and access to the shooting officer. The Washington Post highlights the victim's medical deterioration, including partial paralysis and rough handling during transfers, and the legal fight to prevent deportation. NBC News focuses on the lack of body-camera footage from the shooting officer and the release of dash-cam video by an off-duty officer. BBC reports on the temporary legal block on deportation and the victim's isolation in detention.

Why it matters

The case highlights tensions between local law enforcement and federal immigration authorities regarding evidence sharing and accountability. It raises questions about the medical care and due process afforded to detained individuals, particularly those with pending legal status or injuries. The incident has sparked protests and calls for transparency in ICE operations.

What to watch

A federal court hearing is scheduled for Sept. 30, where Garces Perez must appear in person. Local prosecutors are awaiting DHS's response to their requests for evidence and access to the ICE officer. Congress members plan to visit the detention facility to demand the victim's release.