A man shot by an officer from U.S. Immigration and Customs Enforcement (ICE) in North Austin has been formally charged with assaulting and resisting a federal officer. The incident, which occurred on September 20, has led to serious legal repercussions for 28-year-old Wilber Rafael Garces Perez.
Perez made his initial appearance in federal court on Tuesday, where he faced charges outlined by the U.S. Attorney’s Office. These include a single count of assaulting, resisting, interfering with, and impeding a federal officer.
According to court documents, the confrontation began when ICE Enforcement and Removal Operations (ERO) officers conducted a traffic stop on Perez after confirming he had a final order of removal from an immigration judge. During the stop, Perez reportedly provided his driver’s license but failed to comply with the officers’ orders to park his vehicle and exit.
Body camera footage, as noted by the U.S. Attorney’s Office, captures the moment when Perez abruptly closed his window and drove away, allegedly hitting one of the ICE officers with his vehicle’s side-view mirror. The officers subsequently pursued him with their sirens and lights activated, leading to what authorities described as a high-speed chase through both commercial and residential areas.
During the pursuit, one officer caught up to Perez, who allegedly attempted to strike him with his car, prompting the officer to discharge his weapon.
A detention hearing for Perez is scheduled for October 2. If convicted, he could face a maximum prison sentence of 20 years.
The shooting incident itself was reported to emergency services at approximately 12:56 p.m. on September 20, in the 8000 block of Anderson Square. Paramedics arrived within minutes to find Perez with a gunshot wound, and he was transported to a trauma center, where he is currently in serious but stable condition.
Austin Police Chief Lisa Davis confirmed that a federal agent was involved in the shooting, later clarifying that the agent was with ICE. She emphasized that local police were not involved in the incident.
Congressman Greg Casar provided an update on Perez’s condition following a visit on Wednesday, revealing that Perez claimed he had been driving for DoorDash when he was sideswiped by an unmarked vehicle, unaware it was an ICE operation. He recounted making a U-turn and being hit again before agents exited the vehicle and shot him.
There appears to be a discrepancy in accounts of the incident, with Perez’s attorney stating there was no foot chase, contrary to claims made by ICE. Officials from the Department of Homeland Security confirmed that Perez, originally from Venezuela, entered the U.S. illegally and was facing removal.
Perez is currently in federal custody at the South Texas ICE processing center in Pearsall.
In the aftermath of the shooting, the Austin Police Department has released additional footage from their response, which reportedly shows Perez engaged in the traffic stop before the high-speed chase ensued. However, it has been reported that there may be no available body camera footage from ICE, as the involved officer was allegedly not equipped with a body camera during the incident.
To date, the only publicly accessible footage has come from the Austin Police Department, raising questions about transparency in the federal operation.
