The Department of Justice has charged Wilber Garcés Pérez, a Venezuelan immigrant, with assault following a shooting incident involving a federal immigration officer during a traffic stop in Austin, Texas, on September 20. According to his attorney, Garcés Pérez was driving for DoorDash when he was stopped by Immigration and Customs Enforcement (ICE) agents. He was taken to a detention center with a bullet lodged near his spine shortly after the incident.
An affidavit signed by a Homeland Security investigator alleges that Garcés Pérez struck an officer with his car’s side-view mirror before leading agents on a high-speed chase. The ICE officer, referred to as “L.G.” in the affidavit, shot Garcés Pérez through the back right window of his vehicle. Another officer, identified as D.F., was present but turned off his body camera during the pursuit.
ICE agents conducted a database search on Garcés Pérez’s vehicle after noticing it parked with emergency indicators. They confirmed that a final order of removal had been issued against him by an immigration judge. The affidavit states that after Garcés Pérez returned to his car and began driving, D.F. activated his emergency lights, but Garcés Pérez did not stop immediately.
Garcés Pérez eventually pulled over, and after a brief conversation with the officers, he drove off, allegedly striking L.G. with his side-view mirror. He later explained that he thought an unmarked SUV was trying to hit his car and continued driving to avoid what he perceived as aggressive behavior.
The affidavit claims that Garcés Pérez then led the officers on a high-speed chase, during which D.F. lost sight of him while calling for assistance. L.G. later reported that Garcés Pérez attempted to strike him with his vehicle, prompting the officer to fire his weapon.
After being shot, Garcés Pérez was initially hospitalized but was later transferred to the South Texas ICE Processing Center, where he experienced significant pain without adequate medical care. His legal team has filed a lawsuit for his release and to prevent his removal from the U.S. A hearing is scheduled for September 30.
This incident is part of a series of shootings by ICE agents during traffic stops in recent months. The Trump administration has faced criticism for its handling of these incidents, with questions raised about the justification for the use of lethal force. Homeland Security reported that Garcés Pérez is in stable condition and remains in federal custody. His attorney contends that he legally entered the U.S. using the CBP One app, which was designed to facilitate legal entry and asylum requests.