What is known about the Venezuelan man shot by ICE in Austin: Conflicting accounts, federal custody and calls for an independent investigation

A federal agent with U.S. Immigration and Customs Enforcement (ICE) shot and wounded a 28-year-old Venezuelan man Sunday in north Austin, Texas, during an immigration operation, according to local and federal authorities. The injured man was identified by his attorney as Wilber Rafael Garcés Pérez, who was working as a DoorDash delivery driver at the time of the incident.

What happened, according to available accounts

The incident took place around 12:56 p.m. near Anderson Square and Research Boulevard in north Austin, when ICE agents intercepted a blue Toyota Corolla in which Garcés Pérez was traveling. According to a statement by Austin-Travis Emergency Medical Services Director Robert Luckritz, the victim sustained at least one gunshot wound to the torso and was transported to Dell Seton Medical Center in serious but stable condition.

Local authorities provided a preliminary account: Police Chief Lisa Davis said she had been informed of a brief foot chase prior to the incident, though it remains unclear how the shooting occurred.

The defense and some witnesses describe a different scenario. Attorney Kate Lincoln-Goldfinch argued on social media that the officers surrounded the vehicle and fired at the car. Lincoln-Goldfinch also told News Nation that his client "was shot in the back, below the neck" while he was in his vehicle making a delivery for DoorDash.

For his part, City Councilman Mike Siegel told KVUE that he saw at least two bullet holes in the rear of the vehicle. Siegel added that he was told an ICE vehicle had surrounded the Corolla and struck it from the side before the shooting.

The Austin Police Department (APD) clarified that none of its officers fired any shots and that it only assisted with traffic control and, subsequently, with the investigation. The Department of Homeland Security (DHS) confirmed that Homeland Security Investigations (HSI), with support from the FBI, is leading the investigation into the shooting.

From the hospital to federal custody: The family loses track of him

Around 4:30 p.m. on Sunday, Dell Seton Medical Center discharged Garcés Pérez and turned him over to ICE, according to his attorney and a lawyer from the hospital. The Travis County District Attorney's Office did not confirm this transfer and requested that its office and the Austin Police Department be "equal partners" in the investigation.

As of Sunday night, the family did not know where he was being held. His wife, identified only as Elizdar, and his attorney were asked to leave the premises; the hospital even told them he was not there. Only after intervention by Austin Mayor Kirk Watson did a hospital attorney confirm the transfer to ICE.

DHS stated that the man remains in federal custody and is in stable condition, awaiting deportation. "She just wants to know where he is and to speak with him," the defense summarized.

Disputed immigration status: Undocumented with a deportation order or with a work permit?

Accounts of Garcés Pérez's legal status differ. DHS and federal sources describe him as an undocumented alien, who arrived during the Biden administration and has a final removal order.

For his part, Lincoln-Goldfinch stated that his client has no criminal record, has been in Austin for about two years, is married to a woman with legal status, and, according to the information available to him, entered the country legally and even held a work permit at one point. He later acknowledged that he cannot confirm with certainty Garcés Pérez's current immigration status: he has not been able to speak with him and, therefore, cannot verify the persecution or the removal order attributed to him by ICE. Sources at ABC and NBC indicated that it was unclear whether Garcés Pérez was the initial target of the operation.

Political reactions: Calls for a local investigation, access to evidence and suspension of the agent

Mayor Watson said he was "angry" but "not at all surprised" and called for an investigation involving the Austin Police Department and the Texas Rangers, not just ICE, as well as access to body camera footage and other evidence. Democratic Rep. Greg Casar demanded an independent investigation, the suspension of the officer involved, the release of the unedited video and that the officer remain in Texas during the investigation.

City Councilman Mike Siegel and the Travis County District Attorney's Office also demanded that local authorities have access to the evidence and be "equal partners" in the investigation. The District Attorney's Office requested cooperation from the federal government to ensure the evidence is made available in the case.

Protests at the scene and tension with state police

Dozens of protesters gathered at the scene of the incident to demonstrate against ICE and federal immigration policy, on a day marked by tension. State police used pepper spray, and arrests were made, according to local and national media reports.