Full Breakdown
ICE Shooting of Venezuelan Delivery Driver Leads to Federal Assault Charge
By Drooid · · How we work
Core Event
On September 20 in north Austin, ICE agents stopped Wilber Rafael Garces Perez, a 28-year-old Venezuelan delivery driver, after a license-plate check revealed a final removal order. Garces Perez closed his vehicle window and drove away, striking an officer’s torso with his driver-side mirror. The officer, not wearing a body camera, pursued him and fired his pistol, hitting Garces Perez in the upper back. The bullet remains lodged near his spine.
Background & Context
Garces Perez entered the United States in 2024 through the CBP One program and later obtained a work permit. He missed an immigration-court hearing after the notice was sent to an outdated address, resulting in a final order of removal. The incident occurred amid heightened ICE enforcement.
Legal Proceedings & Data
- Charge: One count of assaulting, resisting, interfering with and impeding a federal officer.
- Potential Penalty: Up to 20 years in federal prison.
- Court Appearance: September 29, 2026, before a federal magistrate.
- Detention: After treatment at Dell Seton Medical Center, he was transferred to ICE custody in South Texas, where he remains with the bullet lodged near his spine and a fractured clavicle.
Official Statements & Responses
U.S. Attorney Justin R. and the Department of Homeland Security referred media inquiries to the Department of Justice.
Texas Civil Rights Project president Rochelle Garza emphasized the need for medical care, stating the government’s actions are endangering Garces Perez’s life.
Immigration attorney Kate Lincoln-Goldfinch has demanded the release of body-camera footage, noting that one officer’s camera was turned off during the pursuit.
Criticism & Opposition
Advocacy groups and elected officials have criticized the handling of Garces Perez’s medical needs and the opacity of the investigation. Garza and Rep. Greg Casar argue that detention conditions and delayed care threaten his health. Lincoln-Goldfinch’s request for transparency reflects broader concerns about ICE’s use of unrecorded force.
Conflicting Reports & Gaps
- Vehicle Contact: The complaint alleges Garces Perez’s mirror struck the officer; Garces Perez’s affidavit claims an ICE SUV rammed his car, causing it to spin before the shooting.
- Body-Camera Evidence: One officer’s camera captured the initial stop; the shooting officer’s camera was off. The footage has not been released.
- Officer Injury: The complaint does not specify whether the officer hit by the mirror was injured.
- Narrative Discrepancy: Federal prosecutors present Garces Perez as the aggressor, while his statements portray the agents as initiating contact.
Verbatim Quotes
- “We are all laser-focused on making sure that Wilber doesn’t die in custody,” — Rochelle Garza
- “This person needs a doctor, not a deportation or a detention center,” — Rep. Greg Casar
What’s Next
Garces Perez faces a detention hearing in early October and a separate criminal proceeding on the assault charge. Advocacy groups continue to press DHS for the missing body-camera footage and for adequate medical treatment as the case moves through the federal courts.