The Venezuelan immigrant arrested by ICE in Austin now faces a federal charge: What does the indictment say?
If convicted, Wilber Rafael Garcés Pérez could face up to 20 years in prison.
Todd Blanche, Attorney General/ Andrew Leyden
Wilber Rafael Garcés Pérez, the Venezuelan immigrant who was shot during an immigration operation by U.S. Immigration and Customs Enforcement (ICE) in Austin, Texas, has been formally charged with assaulting and resisting a federal agent. If convicted, he could face up to 20 years in prison.
The incident occurred on Sunday, September 20, in Austin, when an ICE agent shot and wounded Garcés Pérez. According to the Department of Homeland Security (DHS), agents were attempting to arrest him because he had a final deportation order and he resisted, sped away to escape, and struck one of the agents with his vehicle.
Following the shooting, Garcés Pérez remained in ICE custody and was transferred to a detention center in Pearsall, Texas. His attorney states that the bullet is still lodged in his body and that he needs medical attention, while DHS notes that she is receiving the appropriate treatment.
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Garcés Pérez appeared in federal court on Tuesday to face the federal charge against him. He is also scheduled for another immigration hearing on Wednesday, as the deportation process continues.
The criminal complaint, filed Monday in a federal court in the Western District of Texas, aligns with the version presented by DHS. It alleges that Garcés Pérez used his vehicle to flee from the agents and that the driver's-side mirror struck one of them in the torso. After a brief chase, the same agent stated that the Venezuelan man again attempted to ram him, prompting him to open fire.
The document also includes Garcés Pérez's account, in which he admitted to investigators that he left the scene but denied attempting to run over the agents. According to his account, an ICE vehicle collided with him during the chase, and one of the agents subsequently shot him. The document also notes that the agent who fired the shot was not wearing a body camera. The other officer did have one, but turned it off during the chase before the shooting occurred.
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