A man shot by an ICE officer in North Austin last month has been formally indicted in federal court.
Wilber Rafael Garces Perez, 28, was indicted on October 20 on a single count of assaulting, resisting, impeding, and obstructing a federal officer. This follows charges he received on September 30, just ten days after the shooting incident. Garces Perez is currently in federal custody and has been denied bond.
The indictment alleges that during the offense, Perez employed a “deadly and dangerous weapon,” specifically a motor vehicle. The names of the ICE agents involved in the incident are listed in the indictment only by their initials.
Initially charged on September 30, Garces Perez has remained in federal custody since then, after his bond was denied. His immigration attorney, Kate Lincoln-Goldfinch, stated that despite the bond denial, his immigration proceedings would continue. If convicted, he faces a potential sentence of up to 20 years in federal prison.
Details surrounding the incident indicate that on September 20, ICE Enforcement and Removal Operations officers stopped Perez after confirming he had a final order of removal issued by an immigration judge. According to a nine-page criminal complaint, Perez provided his driver’s license but failed to comply with repeated requests from the officers to park his vehicle and exit. Instead, he abruptly rolled up his window and attempted to drive away, allegedly striking an officer with his vehicle’s mirror.
The officers subsequently pursued Perez, activating their emergency lights and sirens. During the pursuit, one officer reported that Perez tried to hit him with the car, prompting the officer to discharge his firearm, resulting in Perez being shot in the back.
Perez maintains that he intended to park his vehicle before leaving the scene. His legal team expressed concern over his medical condition, stating that he still has a bullet lodged in his back, putting him in serious danger. They criticized the Department of Homeland Security for allegedly failing to provide necessary medical care, claiming that instead of receiving treatment, he is facing potential deportation.
In their statement, Perez’s attorneys highlighted the lack of communication regarding his court appearances and expressed their determination to advocate for his rights. They have also filed a lawsuit to halt his removal from the United States and are demanding the release of all body-camera footage related to the incident.
During a recent court hearing, attention focused on the events leading up to the shooting. Federal prosecutors detailed how ICE agents initiated the traffic stop due to Perez’s immigration status. The court reviewed evidence and body camera footage from the incident, although it was confirmed that no footage from the ICE agents was available for public viewing.
In the aftermath of the shooting, emergency services were alerted shortly after 12:56 p.m. on September 20, with paramedics arriving within minutes to find Perez with a gunshot wound. He was transported to a local trauma center where he was reported to be in serious but stable condition.
Perez’s account of the events suggests confusion regarding the identity of the pursuing officers, whom he claims were in an unmarked vehicle at the time. He reported that the agents shot him shortly after attempting to stop him, contradicting ICE’s assertion that he fled the scene.
As this situation continues to develop, the legal and medical circumstances surrounding Wilber Rafael Garces Perez remain under scrutiny.
