Full Breakdown
Immigration and Customs Enforcement (ICE) Officer Shooting Leads to Assault Charge Against Venezuelan Delivery Driver
By Drooid · · How we work
Background & Context
Wilber Rafael Garces Perez, a 28-year-old Venezuelan national, entered the United States in 2024 through the CBP One online program. He later obtained a work permit and applied for asylum. A final order of removal was issued after he missed an immigration-court hearing, which his attorney says resulted from a notice sent to an outdated address. The incident occurred amid a surge in immigration enforcement during President Donald Trump’s second term, when ICE reported more than 50,000 arrests in July and August and at least ten officer-involved shootings.
Timeline
- September 20 – While making a DoorDash delivery in north Austin, Garces Perez was stopped by two ICE agents after a license-plate check linked his vehicle to the removal order.
- Later that day – He appeared in federal court in Austin and was charged with one count of assaulting, resisting and impeding a federal officer.
- September 30 – A federal judge scheduled a hearing on the criminal case.
- Early October – A detention-status hearing is set to address the new criminal charges and his pending removal proceedings.
Data & Statistics
- Charge: One count of assaulting, resisting and impeding a federal officer.
- Potential penalty: Up to 20 years in federal prison if convicted.
- Medical status: A bullet remains lodged near his spine; his clavicle is fractured.
- ICE activity: Over 50,000 arrests reported in July and August 2026; at least ten officer-involved shootings have been recorded since the start of Trump’s second administration.
Conflicting Reports & Gaps
Federal prosecutors allege that Garces Perez “abruptly” closed his window, drove off, and struck an officer’s torso with his side-view mirror before attempting to hit the officer with his vehicle, prompting the officer to fire. The complaint identifies the shooting officer only as “L.G.” and notes that L.G. was not wearing a body-camera.
Garces Perez’s statement to investigators describes a different sequence: after a brief chase, an ICE SUV collided with his car, causing it to spin, after which an officer opened fire through the back-right window. He says he did not intend to strike the officer and was unaware that the occupants were federal agents. No publicly released video captures the alleged mirror strike, and the body-camera footage from the second officer has not been released.
Official Statements & Responses
- U.S. Attorney Justin R.
- Department of Homeland Security officials indicated that Garces Perez is receiving “adequate medical care” while in custody.
- Attorney Kate Lincoln-Goldfinch reported that the bullet remains embedded near his spine, that he suffers a fractured clavicle, and that he risks sepsis without prompt surgery. She also noted that a judge temporarily halted his deportation proceedings.
Criticism & Opposition
Democratic members of Congress and civil-rights groups have called for Garces Perez’s release, arguing that his medical needs are not being met and that the use of lethal force in traffic stops warrants scrutiny. Advocacy organizations point to the broader pattern of ICE shootings and the limited transparency surrounding officer identities.
What’s Next
The criminal case will proceed after the September 30 hearing, with the early-October detention hearing set to determine whether Garces Perez remains in federal custody while the assault charge is adjudicated. The outcome will affect both his potential imprisonment term and the status of his removal proceedings.