Venezuelan DoorDash Driver Charged With Assault After ICE Shooting in Austin

Key points

• The US Attorney’s Office for the Western District of Texas charged Wilber Garces Perez with assaulting, resisting, and impeding law enforcement.
• ICE officers in unmarked SUVs initiated a traffic stop in a North Austin shopping center parking lot after a license plate check.
• Court documents state Perez closed his window and drove off, hitting an officer with his side mirror, before ICE crashed into his vehicle.
• The officer who shot Perez did not have a body-worn camera, and the second officer turned off his camera before arriving at the scene.
• Perez, who has a bullet lodged in his back and a fractured clavicle, faces up to 20 years in prison if convicted.
• His attorney, Kate Lincoln-Goldfinch, was not notified of the federal charges and discovered them on the morning of his court appearance.

Background

This incident follows a pattern of federal charges against individuals shot by ICE agents during the current administration's immigration enforcement. On September 17, an ICE agent in Minneapolis was arrested for shooting a Venezuelan man and lying to investigators. Prior coverage from September 29 noted that a federal judge had blocked the immediate deportation of Perez, ordering him to appear in court on September 30. The broader context involves heightened scrutiny of ICE tactics and the use of force during traffic stops.

How outlets are covering it

The US Department of Justice and ICE portray the incident as a necessary response to a suspect who fled and physically struck an officer with his vehicle. They emphasize the danger posed by Perez's actions. In contrast, Perez and his attorney argue that he was merely trying to park his car safely after being asked to step out. His lawyer criticizes the lack of body camera footage from the shooting officer and describes the subsequent charges as a cruel step by the administration. The two sides disagree on the sequence of events, with the government citing a high-speed pursuit and the defense claiming a sideswipe and immediate attempt to pull over.

Why it matters

The case highlights the legal and physical risks faced by individuals during ICE enforcement actions, particularly regarding the use of force and the availability of evidence. The absence of body camera footage from the shooting officer raises questions about transparency and accountability. The severe penalties faced by Perez, including up to 20 years in prison, underscore the potential consequences for those charged with assaulting federal officers, even in disputed circumstances.

What to watch

Wilber Garces Perez is set to appear in federal court in Austin on September 30. A separate hearing in San Antonio, originally scheduled for the same day, has been postponed. The outcome of these proceedings will determine the next steps in his legal case and potentially his immigration status.