A Venezuelan man who was shot by a US immigration officer in Texas has been charged with assaulting a federal agent. Wilber Rafael Garces Perez, 28, was arrested after a traffic stop in Austin on 20 September. Authorities allege that he hit an Immigration and Customs Enforcement (ICE) officer with his car while trying to escape.
The driver’s side mirror reportedly struck the officer. Garces Perez appeared in court on Tuesday. His lawyers said they were not informed about the hearing until after it had taken place.
He has been charged with assaulting, resisting and impeding a federal officer. If convicted, he could receive a prison sentence of up to 20 years.
According to a Justice Department court filing, ICE officers stopped Garces Perez after checking a database. The records indicated that he owned the blue Toyota sedan. They also showed that he had a final order requiring him to leave the US.
However, the court documents contain different accounts of what happened. Garces Perez told investigators that a law enforcement vehicle suddenly moved and caused a collision. Federal agents dispute the claim. They said their vehicles did not initially make contact with his car.
According to reports, Garces Perez refused to leave his vehicle after receiving an order to do so. He then drove away, allegedly hitting an officer. Authorities say the incident led to a short high-speed chase through commercial and residential areas. The pursuit ended after an agent’s SUV hit his vehicle.
Garces Perez said an officer then fired through the rear window of his car. A bullet struck his upper back and, according to his lawyers, remains lodged there. The Justice Department says the officer fired after Garces Perez allegedly tried to hit him with the car.
A judge has temporarily stopped his deportation. Garces Perez entered the US in 2024 through CBP One, an asylum-related programme created under President Joe Biden and later cancelled by President Donald Trump.
