A Venezuelan national who was shot by an Immigration and Customs Enforcement (ICE) officer in Austin earlier this month following a vehicle pursuit has been indicted on charges of assaulting, resisting, interfering with, and impeding a federal officer, the Justice Department announced on Tuesday.
Federal prosecutors assert that Wilber Rafael Garces-Perez, 28, allegedly disregarded commands from ICE officers to exit his vehicle during a targeted traffic stop. He is accused of then speeding away and striking one officer in the torso with his driver's side-view mirror.
If convicted, Garces-Perez could face a sentence of up to 20 years in federal prison, according to the Department of Justice (DOJ).
Initial Encounter and Pursuit
According to the criminal complaint, officers initially located Garces-Perez's vehicle outside a local restaurant. After running the license plate, they confirmed that an immigration judge had previously issued a final order for his removal, prompting them to initiate the stop.
Accounts diverge regarding whether the vehicles made contact during the initial stop. The officer involved informed investigators that there was no collision between the vehicles. Conversely, Garces-Perez stated that the ICE SUV's maneuver caused a collision before officers approached him.
During this initial interaction, Garces-Perez provided officers with his driver's license, as noted in the complaint. Officers described this first encounter as "pleasant and not aggressive." However, after officers instructed Garces-Perez to put his vehicle in park and exit, body camera footage reportedly shows him abruptly closing his window and driving away.
Garces-Perez later informed federal investigators that he intentionally ignored the officers' command to exit his vehicle and fled. The complaint specifies that he was read his Miranda rights in Spanish, confirmed his understanding, and agreed to speak with investigators without legal counsel present.
As he drove away, the complaint alleges that Garces-Perez's driver's side-view mirror made contact with one of the officers in the torso.
ICE officers subsequently pursued Garces-Perez through both commercial and residential areas, with their emergency lights and sirens activated.
Shooting Incident and Discrepant Accounts
During the pursuit, the officer who was wearing a body camera reportedly lost sight of both Garces-Perez and the second ICE officer. This officer then requested assistance from a Department of Public Safety (DPS) dispatcher before turning off his camera. The second officer, who ultimately discharged his weapon, was not equipped with a body camera.
The second officer later contacted his partner, reporting that Garces-Perez had attempted to strike him with his vehicle, which led the officer to fire his service weapon, according to the complaint.
Garces-Perez sustained a gunshot wound to his upper back. He told investigators that the officer's SUV rammed his vehicle, forcing it into a spinout. He further claimed that after he was shot, the officer opened his driver's door, removed the keys from the ignition, and instructed him to remain inside the vehicle while an ambulance was en route.
Immigration Status and Calls for Transparency
Garces-Perez's immigration case has also been the subject of conflicting statements. ICE has challenged claims regarding his immigration status, clarifying that his work authorization was set to expire in 2025 and that possession of a work permit does not, in itself, grant lawful immigration status.
His attorney has indicated that Garces-Perez remains seriously unwell and has a bullet lodged in his body, all while being held at an ICE detention facility.
Responding to the criminal complaint via social media, attorney Lincoln-Goldfinch urged the Department of Homeland Security (DHS) to release the body camera footage.
"The criminal complaint also provides another critical piece of information: one of the officers involved in the incident had a body camera that was turned off at some point during the pursuit. We have not seen that footage. DHS must release the body camera footage immediately and provide full transparency to the American public," Lincoln-Goldfinch wrote.
The attorney added, "He is now facing proceedings in both a federal criminal case and his federal immigration habeas case. We are working through what these developments mean, and we will share additional information as we are able."
The DOJ confirmed that Garces-Perez made his initial appearance in federal court on Tuesday. A detention hearing for the case is scheduled for October 2.
