AUSTIN, Texas — A Venezuelan delivery driver who was shot and seriously wounded by an Immigration and Customs Enforcement officer in Austin is now facing a federal charge of assaulting, resisting, interfering with and impeding a federal officer.
Wilber Rafael Garcés Pérez, 28, appeared in federal court Tuesday after prosecutors filed a criminal complaint against him. The charge stems from a Sept. 20 encounter with ICE officers while he was making DoorDash deliveries. The Justice Department said a detention hearing is scheduled for Oct. 2.
Prosecutors Say Driver Hit Officer With Car
According to the federal complaint, ICE officers stopped Garcés Pérez after determining that an immigration judge had issued a final order of removal against him.
The complaint alleges that officers asked him to put his vehicle in park and get out. Prosecutors say he instead drove away, with the driver’s-side mirror striking one of the officers in the torso.
The officers then pursued him through commercial and residential areas. According to prosecutors, one officer eventually caught up with Garcés Pérez and alleged that the driver tried to hit him with the vehicle. The officer then fired his weapon, striking Garcés Pérez in the upper back.
The Justice Department says the federal charge could carry a sentence of up to 20 years in prison if Garcés Pérez is convicted. The criminal complaint, however, contains allegations rather than findings of guilt, and he is presumed innocent unless proven guilty in court.
Defense Disputes Account of Shooting
Garcés Pérez’s attorneys have presented a different account of what happened.
According to the complaint, Garcés Pérez told federal investigators that an SUV associated with the ICE officers struck his vehicle, causing it to spin. He said that after his car was forced to stop, the officer fired through the rear passenger-side window and hit him in the back.
The officer who allegedly fired the shot was not wearing a body camera during the encounter. A second ICE officer at the scene was wearing one, and prosecutors have included images from that footage in the court filing.
Bullet Remains Near His Spine
Garcés Pérez’s attorneys say the bullet remains lodged near his spine and that he requires medical treatment, including surgery. U.S. Rep. Greg Casar previously said after visiting him that the bullet was causing serious medical concerns.
After being treated at a hospital, Garcés Pérez was returned to immigration custody. He was later transferred from a detention facility in the San Antonio area into federal criminal custody near Austin, according to his legal team.
His attorneys have also challenged the legality of his immigration detention. A federal judge previously issued an emergency order temporarily preventing his deportation proceedings from moving forward, according to his lawyers.
Court Case Now Moves Forward
Garcés Pérez’s lawyers said they were surprised by Tuesday’s criminal court appearance and expressed concern about his medical condition and access to treatment.
The federal government, meanwhile, maintains that the shooting occurred after Garcés Pérez allegedly attempted to strike an ICE officer with his vehicle.
The criminal case and the separate immigration proceedings are now moving forward on parallel tracks. A federal detention hearing is scheduled for Oct. 2, where the court is expected to address whether Garcés Pérez will remain in federal custody.
