Venezuelan National Charged with Assaulting Federal Officer After ICE Shooting in Austin

<p>Wilber Rafael Garces-Perez, a 28-year-old Venezuelan national, has been charged with assaulting, resisting, interfering with, and impeding a federal officer following a vehicle pursuit in Austin earlier this month, according to a statement from the Justice Department on Tuesday.</p><p>Federal prosecutors allege that Garces-Perez refused commands from ICE officers to exit his vehicle during a targeted traffic stop, subsequently speeding away and striking one officer in the torso with his driver's side-view mirror.</p><p>If convicted, Garces-Perez faces a maximum sentence of 20 years in federal prison, as stated by the DOJ.</p><p>The complaint indicates that officers first observed Garces-Perez's vehicle outside a restaurant, ran its license plate, and confirmed that an immigration judge had issued a final order of removal against him before initiating the stop.</p><p>There are conflicting accounts regarding whether the vehicles made contact during the stop. The officer reported no contact, while Garces-Perez claimed that the ICE SUV's maneuver caused a collision before officers approached him.</p><p>During the encounter, Garces-Perez provided officers with his driver's license. The officers described the initial interaction as "pleasant and not aggressive." After being instructed to park and exit the vehicle, body camera footage shows him abruptly closing his window and driving away.</p><p>Garces-Perez later told federal investigators that he disregarded the officers' command and drove away. The complaint states that he was read his Miranda rights in Spanish, acknowledged understanding them, and agreed to speak with investigators without an attorney present.</p><p>As he drove away, Garces-Perez's driver's side-view mirror struck one of the officers. ICE officers pursued him through commercial and residential areas with emergency lights and sirens activated.</p><p>During the pursuit, the officer wearing a body camera lost sight of both Garces-Perez and the second ICE officer while requesting assistance and subsequently turned off his camera. The second officer, who later discharged his weapon, was not equipped with a body camera.</p><p>The second officer reported that Garces-Perez attempted to strike him with his vehicle, prompting the officer to fire his service weapon. Garces-Perez was struck by a bullet in his upper back. He stated that the officer's SUV rammed his vehicle, causing it to spin out. After being shot, the officer opened Garces-Perez's driver's door, removed the keys from the ignition, and instructed him to remain inside while an ambulance was called.</p><p>Garces-Perez's immigration case has been subject to differing claims. His attorney, Kate Lincoln-Goldfinch, stated that the removal order was issued after a hearing notice was sent to an outdated address, despite Garces-Perez having updated his address with the court.</p><p>ICE has disputed claims regarding his immigration status, asserting that his work authorization expired in 2025 and that a work permit does not confer lawful immigration status.</p><p>Garces-Perez remains in an ICE detention facility and is reportedly seriously ill with a bullet lodged in his body. Lincoln-Goldfinch has called for the release of body camera footage from the incident, emphasizing the need for transparency.</p><p>Garces-Perez made his initial appearance in federal court on Tuesday, and a detention hearing is scheduled for October 2.</p>