Venezuelan National Shot by ICE Officer in Austin Charged with Assaulting Federal Officer

A Venezuelan national who was shot by an Immigration and Customs Enforcement (ICE) officer during a vehicle pursuit in Austin has been charged with assaulting, resisting, interfering with, and impeding a federal officer, the Department of Justice announced Tuesday.

Federal prosecutors allege that Wilber Rafael Garces-Perez, 28, refused commands to exit his vehicle during a targeted traffic stop, then sped away and struck one officer in the torso with his side-view mirror. He faces up to 20 years in federal prison if convicted.

According to the complaint, officers observed Garces-Perez's vehicle outside a restaurant and confirmed an immigration judge had issued a final order of removal against him before initiating the stop.

Accounts differ on whether the vehicles made contact during the initial stop. The officer involved stated there was no contact, while Garces-Perez claimed the ICE SUV's maneuver caused a collision before officers approached. Garces-Perez provided officers with his driver's license during the encounter.

Body camera footage shows Garces-Perez abruptly closing his window and driving away after officers instructed him to park and exit the vehicle. The complaint states he was read his Miranda rights in Spanish, understood them, and agreed to speak with investigators without an attorney.

As he fled, his driver's side-view mirror struck an officer in the torso, according to the complaint. ICE officers pursued Garces-Perez through commercial and residential areas with emergency lights and sirens activated.

One officer, whose body camera was active, lost sight of Garces-Perez and a second ICE officer while requesting assistance. This officer then turned off his camera. The second officer, who discharged his weapon, was not equipped with a body camera.

This second officer later reported that Garces-Perez attempted to strike him with his vehicle, prompting the officer to fire his service weapon. Garces-Perez was struck by a bullet in his upper back.

Garces-Perez told investigators that the officer's SUV rammed his vehicle to force it into a spinout. After he was shot, the officer reportedly opened his driver's door, removed the keys, and instructed him to remain inside pending an ambulance.

ICE has contested claims regarding Garces-Perez's immigration status, stating his work authorization expired in 2025 and that a work permit does not confer lawful immigration status.

His attorney, Kate Lincoln-Goldfinch, has stated that Garces-Perez remains seriously ill with a bullet lodged in his body and is being held at an ICE detention facility. Lincoln-Goldfinch has called for the release of body camera footage and full transparency from the Department of Homeland Security.

Garces-Perez made his initial appearance in federal court on Tuesday. A detention hearing is scheduled for October 2.