In short
- Wilber Rafael Garces Perez, 28, was shot in the upper back by an Immigration and Customs Enforcement officer during a traffic stop in Austin, Texas, on 20 September.
- He faces one count of assaulting, resisting and impeding a federal officer, which carries up to 20 years in federal prison if he is convicted.
- The justice department said the stop began after a database confirmed the blue Toyota sedan was registered to a man who had been issued a final order of removal from the US.
- A judge temporarily blocked his deportation, and his lawyers say the bullet remains lodged in his upper back.
- Garces Perez entered the US in 2024 through CBP One, an asylum-seeker programme introduced by President Joe Biden and cancelled by President Donald Trump.
A Venezuelan man shot in the back by a US immigration officer in Austin, Texas, has been charged with assault. Wilber Rafael Garces Perez, 28, is accused of hitting the ICE officer with his car’s side-view mirror as he drove away from a traffic stop on 20 September. He appeared in court on Tuesday.
What is Wilber Rafael Garces Perez charged with?
Garces Perez faces one count of assaulting, resisting and impeding a federal officer, following the shooting of a Venezuelan driver by an ICE agent in Austin. The justice department alleges his driver’s side-view mirror struck the officer in the torso during the traffic stop. If convicted, he could face up to 20 years in federal prison. His lawyers said they only learned of his Tuesday court appearance afterwards.
What do the accounts of the traffic stop say?
The justice department said the traffic stop was initiated after an ICE officer confirmed through a database that the blue Toyota sedan was registered to Garces Perez, who had been issued a final order of removal from the US. The affidavit contains conflicting accounts of the incident. Garces Perez said a law enforcement SUV had “caused a collision” with his car by pulling an abrupt manoeuvre; federal agents said there was “no contact” between their SUVs and his car when they first pulled him over.
How did the pursuit end?
According to the court filing, Garces Perez said he knew he would be arrested and admitted to declining to exit his car when ordered to do so. He drove away, allegedly striking the officer in the torso with the driver’s side-view mirror. The affidavit alleges that he “led them on a high-speed chase through a commercial and residential area”. The pursuit ended when a federal agent’s SUV struck his car and “caused it to spin around”. Garces Perez said an agent then fired his pistol into the back right window of the car.
Was he injured and will he be deported?
The justice department said the officer caught up to Garces Perez, who allegedly attempted to strike him with his car, “causing the officer to fire his pistol”. The bullet struck Garces Perez in the upper back, where his lawyers say it remains lodged, placing him “in grave danger”. The Department of Homeland Security said last week that he had received “some of the best medical care he’s ever received in his life”. A judge last week temporarily blocked his deportation. He entered the US in 2024 using CBP One, an asylum-seeker programme introduced by President Joe Biden and cancelled by President Donald Trump.
The charge comes amid direct talks between Washington and Caracas, after Venezuela’s Delcy Rodríguez met US President Donald Trump in New York.
Frequently asked questions
What is Wilber Rafael Garces Perez accused of?
He faces one count of assaulting, resisting and impeding a federal officer. The justice department alleges that his driver’s side-view mirror struck an ICE officer in the torso as he drove away from a traffic stop in Austin, Texas, on 20 September.
How long could he spend in prison if convicted?
Garces Perez could face up to 20 years in federal prison if convicted of assaulting, resisting and impeding a federal officer.
Has his deportation been stopped?
A judge temporarily blocked Garces Perez’s deportation. He had been issued a final order of removal from the US before the traffic stop.
How did Garces Perez enter the United States?
He entered the US in 2024 using CBP One, an asylum-seeker programme introduced by President Joe Biden and cancelled by President Donald Trump.
With reporting from BBC News.
Stock image, not from the events described. City Skyline — Joe deSousa / Wikimedia Commons (CC0 1.0)
