Immigration & Justice
Federal prosecutors in Texas have charged Wilber Garcés Pérez, a 28-year-old Venezuelan delivery driver who was shot by an ICE officer in Austin on Sept. 20, with assaulting a federal officer. The charge was announced Tuesday, one day before a court hearing on the legality of his immigration detention. The case now runs on two tracks, criminal and immigration, and the accounts of what happened on the street differ sharply.
Wilber Garcés Pérez faces one federal count of assaulting, resisting and impeding an officer. Prosecutors say he struck an ICE officer with his car mirror. His account, and his lawyers’ account, is that an ICE vehicle hit his car before he was shot. A bullet remains near his spine, and his attorneys warn of “grave danger.”
What Wilber Garcés Pérez Is Charged With
A criminal complaint filed in the U.S. District Court for the Western District of Texas accuses Garcés Pérez of one count of assaulting, resisting and impeding a federal officer. He made his initial appearance in federal court on Tuesday, according to U.S. Attorney Justin R. Simmons.
The complaint says Garcés Pérez hit an ICE officer’s torso with his car’s side mirror as he tried to drive away. It then describes a high-speed chase through a commercial and residential area.
Key Facts at a Glance
| Detail | What is known |
|---|---|
| Person | Wilber Rafael Garcés Pérez, 28, Venezuelan delivery driver |
| Shooting date | Sept. 20, in Austin, Texas |
| Injury | Upper back; bullet reportedly still lodged near the spine |
| Charge | One count of assaulting, resisting and impeding a federal officer |
| Court | U.S. District Court, Western District of Texas |
| Immigration case | Wednesday hearing canceled; emergency order paused deportation proceedings |
Two Different Accounts of the Encounter
The prosecution’s version
Simmons said in a statement that Garcés Pérez tried to strike an officer with his car, which caused the officer to fire his pistol. The complaint says the officer involved, identified only as L.G., later told a colleague that Garcés Pérez had tried to hit him with the car and that he had fired.
The complaint includes images that appear to come from the body camera of a second officer, identified as D.F. Those images seem to show the moment of the alleged mirror strike. L.G. was not wearing a body camera, a point the Department of Homeland Security had stated earlier. The complaint offers no visual evidence of the exchange in which L.G. described the shooting.
Garcés Pérez’s version
The complaint also records what Garcés Pérez told federal investigators. He said an SUV used by one of the officers hit his car after a short pursuit and made it spin. After his car stopped, he recalled L.G. firing into the back-right window, and a bullet hit his upper back.
These two accounts cannot both be fully correct, and the complaint is an allegation, not a finding by a court.
Medical Concerns and Custody Questions
His attorneys say the bullet is still near his spine and creates “grave danger.” A Democratic congressman who visited last week said Garcés Pérez was in a wheelchair, in pain and in need of surgery.
Rochelle Garza, president of the Texas Civil Rights Project and a member of his legal team, said the group is focused on making sure he does not die in custody. His lawyers said they only learned of Tuesday’s court appearance because he did not show up for a meeting scheduled that morning. They said he was in considerable pain and dizzy when they finally saw him, and that he needed pain medication he had not received.
Their statement accused DHS and the government of “playing games” with his life. The complaint does not address those claims, and this article has not confirmed them independently.
What Happens Next in the Immigration Case
The hearing set for Wednesday in his lawsuit challenging the detention was canceled. Last Tuesday, a federal judge granted an emergency order that temporarily blocked deportation proceedings against him, according to his attorney Kate Lincoln-Goldfinch.
Garza said the legal team is still working to prevent the government from placing him back in immigration custody once the criminal matter is resolved. How the two cases will interact has not been made clear in the reporting so far.
For background on the shooting itself, NBC News reported that he was making a food delivery when the officer shot him and that he was described as being in serious but stable condition shortly afterward.
Frequently Asked Questions
Who is Wilber Garcés Pérez?
He is a 28-year-old Venezuelan man who was making DoorDash deliveries in Austin when an ICE officer shot him on Sept. 20.
What is he charged with?
One count of assaulting, resisting and impeding a federal officer, under a criminal complaint in the Western District of Texas.
What does the complaint say happened?
It says he struck an ICE officer’s torso with his side mirror while trying to drive away, followed by a high-speed chase.
How does he describe the shooting?
He told investigators an SUV hit his car and spun it, and that the officer then fired into the back-right window, hitting his upper back.
What happened to his immigration hearing?
The Wednesday hearing on his detention lawsuit was canceled. A federal judge had earlier temporarily blocked deportation proceedings.
