Venezuelan man shot by ICE in Texas is charged with assault

A 28-year-old Venezuelan national who was wounded by a federal immigration officer in Texas has been formally charged with assaulting law enforcement.

Wilber Rafael Garces Perez faces a single federal count of assaulting, resisting, and impeding an officer after allegedly hitting an agent with his vehicle's side-view mirror during a confrontation in Austin. If found guilty, he could receive a maximum penalty of 20 years in federal prison. Garces Perez made an initial court appearance on Tuesday, though his defense attorneys noted they were not notified of the hearing until after it had already taken place.

The encounter occurred on September 20 when Immigration and Customs Enforcement personnel stopped Garces Perez's blue Toyota sedan. The Department of Justice stated that officers initiated the stop after verifying through agency databases that the car belonged to Garces Perez, who had previously received a final deportation directive.

Accounts in legal affidavits present differing narratives of the initial encounter. Garces Perez stated that an enforcement vehicle caused a collision by making a sudden maneuver during the stop. In contrast, immigration officers maintained that no impact occurred between their vehicles and his car during the initial pull-over.

Court documents indicate Garces Perez acknowledged suspecting he was about to be detained and refused commands to step outside his car. Authorities allege that as he accelerated away, the side-view mirror on the driver's side struck an agent in the upper body.

Officials stated that Garces Perez then fled through both residential and business neighborhoods in a brief pursuit. The chase concluded when an agent's sport utility vehicle struck the sedan, sending it into a spin.

The two sides also diverge on the circumstances surrounding the gunfire. Garces Perez told investigators that after his vehicle was forced to a halt, an agent shot through the rear passenger-side window. According to federal prosecutors, the officer opened fire because Garces Perez allegedly tried to hit him with the vehicle as the agent approached.

Garces Perez was hit by a bullet in his upper back. His legal counsel stated that the projectile is still lodged in his body, leaving him in serious medical jeopardy. The Department of Homeland Security previously asserted that the detainee had received top-tier medical treatment while under official supervision.

Garces Perez initially arrived in the United States in 2024 through the CBP One asylum initiative, an administrative pathway launched under President Joe Biden and subsequently halted by President Donald Trump. A judge has issued a temporary order preventing his deportation while the legal process unfolds.