DoorDash Driver Shot by ICE Agents in Texas Charged with Assault

A DoorDash driver, Wilber Rafael Garces Perez, 28, a Venezuelan national described by the Department of Justice as an undocumented immigrant, has been charged with assaulting a federal officer after being shot in the back by Immigration and Customs Enforcement (ICE) agents in Austin, Texas, on September 20. The charges stem from an alleged attempt to flee a traffic stop, during which he is accused of striking an ICE Enforcement and Removal Operations (ERO) officer with his vehicle's side mirror.

The incident occurred when ICE agents attempted to stop Garces Perez, who had an outstanding final order of removal. According to the Department of Justice (DOJ), after confirming his identity, agents ordered him to exit his vehicle. Instead, Garces Perez allegedly drove away, striking an officer with the driver's side mirror. Authorities reported that he then led agents on a high-speed chase, attempting to hit an officer who had caught up to him, prompting the officer to fire his weapon.

Body camera footage released by the Austin Police Department shows the bullet struck Garces Perez in the back. His attorney stated the bullet remains lodged in his body. The DOJ announced the federal charge of assaulting, resisting, interfering, and impeding a federal officer on Tuesday, the same day Garces Perez made his first court appearance. If convicted, he faces up to 20 years in federal prison.

An affidavit from a Department of Homeland Security agent, released alongside the DOJ's announcement, provided a more detailed account of the events. Three screenshots from an agent's body camera footage were included, showing an officer near the driver's side mirror and then placing hands on the car's hood and side as the mirror appeared close to the officer's abdomen. The affidavit stated that the officer who fired the shot was not wearing a body camera, and the shooting itself was not captured on video because the camera-equipped agent had lost sight of Garces Perez during the pursuit.

Garces Perez's attorney, Kate Lincoln-Goldfinch, has called for the release of the full body camera video, suggesting the released screenshots could be misleading. She also reported that her client is in 'extremely bad medical condition,' experiencing pain and difficulty moving his arm due to the lodged bullet, and has requested surgery. She described him as light-headed, nauseated, and confused.

Garces Perez's account of the events differs significantly from the DOJ's narrative. He claims he never attempted to hit an agent. Instead, he stated his vehicle was struck by an officer's SUV after a brief chase, causing him to lose control before shots were fired. He entered the U.S. legally in 2024 under the Biden administration's CBP One program, a process that was discontinued by former President Trump. Lincoln-Goldfinch noted that Garces Perez possesses a valid work permit and received a final removal order after missing an immigration court hearing because a notice was sent to an old address.

The shooting sparked protests in Austin and drew condemnation from Democratic officials. It has also been compared to other high-profile ICE shootings, with federal agents asserting that drivers have weaponized vehicles against them. In some prior instances, similar claims were later retracted after body camera footage became public. A woman shot by Border Patrol agents in Chicago and a man shot by ICE agents in Minneapolis were previously charged with assaulting officers, but those charges were ultimately dropped. This year, at least four individuals have been fatally shot by federal agents during ICE operations.