AUSTIN, Texas – Wilber Garces Perez, the individual shot by an ICE agent in North Austin on September 20, made an appearance in federal court on September 30. The 28-year-old is facing charges including assaulting, resisting, and interfering with a federal officer.
During the hearing, Perez’s bond was denied, resulting in his transfer to federal criminal custody instead of remaining in federal immigration custody. This decision followed a detailed examination of the events leading up to the shooting, with a particular focus on the initial traffic stop executed by ICE agents.
According to federal prosecutors, the incident began when agents attempted to stop Perez after confirming he had a final order of removal. Reports indicate that Perez provided his driver’s license but failed to comply with repeated requests to park his vehicle and exit. The situation escalated when he allegedly closed his windows and drove away, during which prosecutors claim his vehicle struck one of the officers.
The court proceedings included a review of body camera footage from one of the ICE agents involved in the traffic stop. It was noted that the footage would not be made available to the public, as it was captured from the perspective of an assisting agent rather than the officer who was reportedly hit by Perez’s vehicle.
During the hearing, the judge examined whether there was probable cause to support the claim that Perez assaulted a federal officer. The defense argued that there was no violence involved and emphasized that Perez is not a flight risk, wishing instead to remain in the U.S. with his wife while his immigration case progresses. They also highlighted his need for medical procedures that he wants to undergo in the country.
After deliberating for over three hours, the judge ultimately decided to deny Perez’s bond, confirming the existence of probable cause for the assault charge. While Perez was not deemed a danger to the public, the judge considered him a flight risk due to his family connections outside the U.S.
Following the hearing, immigration attorney Kate Lincoln-Goldfinch reported that Perez is now in federal criminal custody, although she was uncertain about the specific detention center where he is being held. His legal team is prioritizing his medical condition, expressing concerns about the bullet lodged in his back after ten days in detention. Lincoln-Goldfinch described Perez as visibly distressed during the hearing, raising alarms about the potential for permanent immobility and the need for surgery.
Accompanied by his left arm in a sling and in a wheelchair, Perez’s legal representatives emphasized that the federal government is responsible for providing the necessary medical treatment for his injury as his criminal proceedings continue.
On the day of the shooting, emergency services were alerted to an incident around 12:56 p.m. in the 8000 block of Anderson Square, where paramedics quickly arrived to find Perez with a gunshot wound. He was subsequently transported to a local trauma center in serious but stable condition. Initial statements from Austin police confirmed the involvement of a federal agent from ICE, indicating that local law enforcement was not part of the incident.
Reports suggest that on the day of the shooting, Perez was working for DoorDash when he was sideswiped by an unmarked vehicle, unaware that it was an ICE operation. He recounted making a U-turn, only to be shot in the back of the neck by agents who approached him after the collision. There are conflicting accounts regarding whether a foot chase occurred during the incident.
As the situation unfolds, it has been reported that Perez is from Venezuela and entered the U.S. illegally, facing a final order of removal. He was subsequently taken into custody at the South Texas ICE processing center in Pearsall.
Additional footage has been released by the Austin Police Department, showing the moments leading up to the shooting, although reports indicate a lack of body camera footage from the ICE agents involved. Multiple sources have confirmed that the agent who shot Perez was not wearing a body camera during the incident, raising questions about the absence of crucial evidence.
