In Austin, a 28-year-old Venezuelan man lies seriously wounded in federal detention, a bullet still lodged in his back, while the government prepares to prosecute him for assaulting the officer who shot him. The case turns on a few seconds of disputed motion — whose vehicle struck whom, and why one body camera went dark at the critical moment — questions that have a way of outlasting the incident itself. What began as a routine immigration enforcement stop has become a reckoning with the gap between official accounts and lived experience, and with how much the public is permitted to see when t
Venezuelan national charged with assaulting federal officer after Austin ICE pursuit shooting
Garces-Perez was shot in the upper back and remains seriously ill with a bullet lodged in his body while detained at an ICE facility.
One officer had a camera that was turned off during the pursuit.
Mark
So the basic charge is that he assaulted a federal officer. But the shooting itself—that came from the officer, not from Garces-Perez. How does that fit together?
Mimi
Right. The assault charge is about the mirror strike and the alleged attempt to hit the officer with his vehicle during the pursuit. The shooting is what happened after those events. The officer fired in response to what he believed was an attempt to strike him with the vehicle.
Luke
But we only have one officer's account of that moment. The one with the body camera turned his off before the shooting happened. The officer who actually fired didn't have a camera at all. So we're relying on what that second officer told his partner after the fact.
Mark
And Garces-Perez says the SUV rammed him first. So there's a fundamental disagreement about who initiated the contact.
Mimi
Yes. He claims the ICE vehicle forced him into a spinout, which would change the whole context of why he was driving the way he was.
Luke
The complaint says the first officer reported no vehicle contact during the initial stop. But Garces-Perez disputes that too. So we have conflicting accounts at multiple points in this encounter.
Mark
What about the immigration piece? Is the removal order solid?
Mimi
ICE says it is. But his attorney says the hearing notice went to an old address, and he'd already updated his address with the court. If that's true, it raises questions about whether he had proper notice.
Luke
That's a separate legal question from the criminal charges, though. The immigration case and the assault case are moving on parallel tracks now.
Mark
And he's still in detention with a bullet in his back.
Mimi
Yes. His attorney says he's seriously ill. The detention hearing on October 2 will determine whether he stays locked up while the criminal case proceeds.
Luke
The missing body camera footage is the real gap here. One officer had a camera, turned it off during the pursuit, and we don't know what it would have shown.
The Pulse
- A man is shot in the back during a vehicle pursuit and now faces 20 years in federal prison — while a bullet remains in his body and he is held in an ICE facility.
- Two irreconcilable versions of the encounter exist: ICE says Garces-Perez struck an officer with his vehicle; Garces-Perez says the ICE SUV rammed him first.
- The officer who witnessed the shooting carried no body camera, and the officer who did have one turned it off mid-pursuit — a gap his attorney calls a critical transparency failure.
- The underlying immigration case is itself disputed, with his attorney arguing the removal order was issued after a court notice was sent to an outdated address despite a filed update.
- A detention hearing on October 2 will determine whether he remains incarcerated as his legal team fights simultaneously on criminal and immigration habeas fronts.
- His attorney is publicly demanding DHS release all body camera footage, framing it as a matter of accountability owed to the American public, not just her client.
In Austin, a 28-year-old Venezuelan man lies seriously wounded in federal detention, a bullet still lodged in his back, while the government prepares to prosecute him for assaulting the officer who shot him. The case turns on a few seconds of disputed motion — whose vehicle struck whom, and why one body camera went dark at the critical moment — questions that have a way of outlasting the incident itself. What began as a routine immigration enforcement stop has become a reckoning with the gap between official accounts and lived experience, and with how much the public is permitted to see when the state uses force in its own name.
Wilber Rafael Garces-Perez, a 28-year-old Venezuelan national, was shot in the upper back during a vehicle pursuit through Austin last month and now faces federal charges carrying up to 20 years in prison. He was charged Tuesday with assaulting, resisting, and impeding a federal officer — a case built on a sequence of events that both sides describe very differently.
ICE officers spotted his vehicle outside a restaurant, ran his plates, and found an active removal order. They initiated a traffic stop that, by the complaint's own description, began as 'pleasant and not aggressive.' Garces-Perez handed over his license. But when officers told him to put the car in park and step out, he closed his window and drove away. As he accelerated, his driver's side mirror struck one officer in the torso. A pursuit through commercial and residential streets followed.
What happened at the end of that chase is where the accounts fracture. The officer with a body camera lost sight of the scene and turned his camera off while calling for backup. The second officer — without a camera — reported that Garces-Perez attempted to strike him with the vehicle, and fired his weapon. Garces-Perez told investigators the opposite: that the ICE SUV rammed his car into a spinout before the shot was fired.
His attorney, Kate Lincoln-Goldfinch, says her client remains seriously ill with the bullet still inside him, detained at an ICE facility. She has also challenged the validity of the removal order itself, arguing it was issued after a court notice went to an old address even though Garces-Perez had filed an update. ICE disputes this, noting his work authorization expired in 2025.
Lincoln-Goldfinch has publicly demanded that DHS release the body camera footage from the officer who switched his camera off mid-pursuit. 'DHS must release the body camera footage immediately and provide full transparency to the American public,' she wrote. A detention hearing is set for October 2, where a judge will decide whether Garces-Perez remains in custody as his legal team navigates both the criminal case and a parallel immigration habeas proceeding.
Wilber Rafael Garces-Perez was shot in the upper back during a vehicle pursuit through Austin in September, and now faces federal charges that could send him to prison for two decades. The 28-year-old Venezuelan national was charged Tuesday with assaulting, resisting, interfering with, and impeding a federal officer—charges that carry a maximum sentence of 20 years if he is convicted.
The sequence of events began when ICE officers spotted Garces-Perez's vehicle outside a restaurant, ran the license plate, and discovered that an immigration judge had issued a final removal order against him. They initiated a traffic stop. What happened next is where the accounts diverge. The officer involved said there was no contact between vehicles during the stop. Garces-Perez told investigators a different story: the ICE SUV's maneuver caused a collision before officers even approached him. According to the complaint, the initial encounter was described as "pleasant and not aggressive." Garces-Perez handed over his driver's license. But when officers instructed him to put the vehicle in park and exit, body camera footage shows him abruptly closing his window and driving away.
As he accelerated, his driver's side-view mirror struck one of the officers in the torso. ICE officers pursued him through commercial and residential areas with lights and sirens activated. The officer wearing a body camera lost sight of both Garces-Perez and his partner during the chase, then turned off his camera while requesting assistance from a dispatcher. The second officer, who was not equipped with a body camera, later reported that Garces-Perez had attempted to strike him with his vehicle. That officer fired his service weapon. Garces-Perez was hit in the upper back.
Garces-Perez's account of what followed differs again. He told investigators that the officer's SUV rammed his vehicle to force it into a spinout, and that after being shot, the officer opened his driver's door, removed the keys from the ignition, and told him to stay inside while an ambulance was called. He was read his Miranda rights in Spanish, said he understood them, and agreed to speak with investigators without an attorney present.
The immigration case itself is contested. Garces-Perez's attorney, Kate Lincoln-Goldfinch, has said the removal order was issued after a hearing notice was sent to an old address, even though Garces-Perez had updated his address with the court. ICE disputes this characterization, stating that his work authorization expired in 2025 and that a work permit does not confer lawful immigration status.
Lincoln-Goldfinch has said her client remains seriously ill with a bullet still lodged in his body while being held at an ICE detention facility. She has called for the Department of Homeland Security to release the body camera footage from the officer who turned his camera off during the pursuit. "The criminal complaint also provides another critical piece of information: one of the officers involved in the incident had a body camera that was turned off at some point during the pursuit," she wrote on social media. "We have not seen that footage. DHS must release the body camera footage immediately and provide full transparency to the American public."
Garces-Perez made his initial appearance in federal court Tuesday. A detention hearing is scheduled for October 2, where a judge will decide whether he remains in custody while the case proceeds. His attorney is simultaneously working through both the criminal charges and his federal immigration habeas case.
Notable Quotes
The criminal complaint also provides another critical piece of information: one of the officers involved in the incident had a body camera that was turned off at some point during the pursuit. We have not seen that footage. DHS must release the body camera footage immediately and provide full transparency to the American public.— Kate Lincoln-Goldfinch, Garces-Perez's attorney, on social media
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