A Venezuelan man, who was shot by an ICE officer after a car chase in Austin earlier this month, has been charged with various offenses including assaulting and resisting a federal officer, as announced by the Justice Department on Tuesday.
Wilber Rafael Garces-Perez, 28, allegedly ignored commands from ICE officers to exit his vehicle during a targeted traffic stop, instead speeding away and hitting an officer with his side-view mirror.
If convicted, Garces-Perez could face up to 20 years in federal prison, according to the DOJ.
The complaint details how officers first noticed Garces-Perez’s car outside a restaurant. After checking the license plate, they confirmed that he had a final removal order from an immigration judge and proceeded with the stop.
There are conflicting reports regarding whether the two vehicles collided during the stop. While one officer claims there was no contact, Garces-Perez contends that an ICE SUV’s maneuvers caused a crash prior to the officers approaching him.
Initially, Garces-Perez handed over his driver’s license, and the officers described the interaction as “pleasant and not aggressive.” However, after he was asked to park and step out of the vehicle, he abruptly rolled up his window and took off.
Later, he acknowledged to federal investigators that he chose to ignore the officers’ orders to exit and drove away. The complaint states he was read his Miranda rights in Spanish, understood them, and agreed to speak with investigators without an attorney present.
As he fled the scene, Garces-Perez’s side-view mirror struck an officer’s torso, according to the complaint. ICE officers, with emergency lights and sirens activated, pursued him through various areas.
The officer using a body camera lost sight of both Garces-Perez and another officer while requesting assistance and subsequently turned off his camera. Notably, the second officer who discharged his weapon was not equipped with a body camera.
Following the chase, the second officer reported to his partner that Garces-Perez attempted to hit him with his vehicle, which prompted the officer to shoot. Garces-Perez was hit in the upper back and stated that the officer’s SUV had pushed his car into a spin. After the shooting, the officer opened his car door, removed the keys from the ignition, and instructed him to stay put until an ambulance arrived.
Complications have arisen regarding Garces-Perez’s immigration situation. His attorney, Kate Lincoln-Goldfinch, previously stated that the removal order was issued after a notice was sent to an outdated address, despite Garces-Perez having updated his information.
ICE has disputed claims about his immigration status, asserting that his work authorization expired in 2025, and emphasized that having a work permit does not imply lawful immigration status.
Lincoln-Goldfinch has also highlighted that Garces-Perez is in serious condition due to a bullet still lodged in his body while detained by ICE.
In a social media post responding to the criminal complaint, she urged the Department of Homeland Security to promptly release the body camera footage, emphasizing the need for transparency. She noted that the officer involved had a body camera that was turned off during a critical part of the pursuit, and the public deserves to see that footage.
Garces-Perez had his first appearance in federal court on Tuesday, and a detention hearing is set for October 2.
