Full Breakdown
ICE Shooting of Venezuelan Delivery Driver Leads to Assault Charge
By Drooid · · How we work
The Incident and Federal Charge
On September 20, 2026, Wilber Rafael Garces Perez, a 28-year-old Venezuelan delivery driver, was shot in the upper back by an ICE officer during a traffic stop in north Austin, Texas. A criminal complaint filed in the U.S. District Court for the Western District of Texas accuses Garces Perez of striking an officer’s torso with his driver-side mirror and then trying to hit another officer with his vehicle. He is charged with one count of assaulting, resisting, interfering with and impeding a federal officer, a felony carrying a maximum sentence of 20 years.
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 old address, resulting in a final order of removal in August 2025. The September 20 encounter occurred amid a surge in ICE enforcement during President Donald Trump’s second term, when ICE reported more than 50,000 monthly arrests in July and August 2026 and at least ten officer-involved shootings.
Timeline
- September 20, 2026 – ICE agents stop Garces Perez’s car; he is shot after a brief pursuit.
- September 29, 2026 – Garces Perez makes his initial federal-court appearance; the assault charge is announced.
- Early October – A detention hearing is scheduled to address his immigration status and the new criminal charge.
Data & Statistics
- Charge: One count of assaulting, resisting, interfering with and impeding a federal officer.
- Potential penalty: Up to 20 years imprisonment.
- Medical condition: A bullet remains lodged near his spine; his attorney reports a fractured clavicle and severe pain.
- ICE body-camera policy: One officer wore a camera; the officer who fired was not equipped. DHS has pledged to equip all field officers with body cameras by the end of September 2026.
Official Statements & Responses
U.S. Attorney Justin R. framed the assault charge as a standard response to an officer-impeding act.
Criticism & Opposition
- James Cook, a criminal-defense attorney, argued that “usually, the charge is much higher than it should be, and inevitably it is rescinded or reduced,” suggesting the prosecution may be part of a broader strategy to shield immigration enforcement errors.
Conflicting Reports & Gaps
The affidavit filed by a DHS special agent states that Garces Perez ignored officers’ commands, closed his window, drove off, and his mirror struck an officer’s torso. Garces Perez’s own statement claims an ICE SUV collided with his car, causing it to spin, after which the officer fired. The complaint provides only still images from one officer’s body camera; no video of the shooting or the alleged mirror impact has been released.
Why It Matters
The case highlights tensions over ICE’s use of vehicular stops and the lack of body-camera coverage for many agents. Critics argue that charging individuals who are shot by ICE officers may deter scrutiny of law-enforcement conduct, while supporters contend that the charge upholds the rule of law for officers impeded during arrests.
What’s Next
Garces Perez remains in ICE custody while his criminal case proceeds. A detention hearing slated for early October will determine whether he stays detained pending the assault trial. The Department of Justice has not indicated any intention to drop the charge, and ICE’s body-camera rollout remains incomplete, leaving further transparency about the incident uncertain.