Wilber Rafael Garces-Perez, a 28-year-old Venezuelan national, has been charged with assaulting, resisting, interfering with and impeding a federal officer after an ICE pursuit in Austin, Texas. Federal prosecutors allege that he drove away from a targeted traffic stop and struck an officer with his driver’s side-view mirror. Garces-Perez was shot by a second ICE officer during the pursuit and faces up to 20 years in federal prison if convicted. His immigration case and the circumstances of the shooting remain disputed.
| Article Subheadings | |
|---|---|
| 1) | Federal charges follow Austin ICE pursuit |
| 2) | Prosecutors describe the traffic stop and alleged assault |
| 3) | Shooting details and conflicting accounts |
| 4) | Immigration status and legal disputes |
| 5) | Court schedule and request for video evidence |
Federal charges follow Austin ICE pursuit
The Justice Department announced Tuesday that Wilber Rafael Garces-Perez had been charged in federal court following the incident in Austin earlier in September. The charges allege assaulting, resisting, interfering with and impeding a federal officer. If convicted, Garces-Perez could receive a sentence of up to 20 years in federal prison. He made his initial federal court appearance Tuesday, and a detention hearing is scheduled for Oct. 2.
The case arose from an ICE operation intended to take Garces-Perez into custody after officers identified his vehicle near a restaurant. Prosecutors say the officers had confirmed that an immigration judge had issued a final order of removal before beginning the stop.
Prosecutors describe the traffic stop and alleged assault
According to the federal complaint, officers first ran the vehicle’s license plate and then approached Garces-Perez. He provided his driver’s license, and officers described the initial interaction as pleasant and not aggressive. They then instructed him to place the vehicle in park and step outside.
The complaint alleges that Garces-Perez abruptly closed his window and drove away instead. Prosecutors say his driver’s side-view mirror struck an officer in the torso as he left. ICE officers then pursued him through commercial and residential areas with emergency lights and sirens activated. Garces-Perez later told investigators that he ignored the instruction to exit the vehicle and drove away.
Shooting details and conflicting accounts
The pursuit ended after a second ICE officer reported that Garces-Perez had attempted to strike him with his vehicle. The officer later fired his service weapon, and Garces-Perez was hit in the upper back, according to the complaint. He was subsequently held at an ICE detention facility, where his attorney says he remains seriously ill with a bullet lodged in his body.
The accounts differ over whether the vehicles collided. The officer told investigators that there had been no contact between the vehicles. Garces-Perez said the ICE sport utility vehicle caused a collision and forced his vehicle into a spin. He also said that after the shooting, the officer opened his driver’s door, removed the keys and instructed him to remain inside while an ambulance was coming.
The complaint says one officer lost sight of the vehicles while requesting assistance from a Texas Department of Public Safety dispatcher and then turned off his body camera. The second officer, who fired the weapon, did not have a body camera, leaving questions about the available video evidence.
Immigration status and legal disputes
Garces-Perez’s immigration proceedings have generated competing claims. His attorney, Kate Lincoln-Goldfinch, has said the removal order followed a hearing notice sent to an old address, even though Garces-Perez had updated his address with the immigration court.
ICE has disputed aspects of that account. The agency said Garces-Perez’s work authorization expired in 2025 and emphasized that a work permit does not by itself establish lawful immigration status. The immigration case is separate from the federal criminal prosecution, and both proceedings are continuing.
Court schedule and request for video evidence
Lincoln-Goldfinch has called for the Department of Homeland Security to release the body-camera footage, particularly the recording from the officer who turned off the camera during the pursuit. In a public statement, she said the footage was necessary for transparency and noted that her client faces both a federal criminal case and an immigration habeas case.
“DHS must release the body camera footage immediately and provide full transparency to the American public,” Lincoln-Goldfinch wrote.
The next scheduled step in the criminal case is the Oct. 2 detention hearing. The court will consider whether Garces-Perez remains in custody as the charges proceed. The allegations in the complaint have not been proven at trial.
| Number | Key Point |
|---|---|
| 1 | Garces-Perez faces federal charges linked to an ICE pursuit in Austin. |
| 2 | Prosecutors allege that his side-view mirror struck an ICE officer. |
| 3 | A second officer shot him in the upper back during the pursuit. |
| 4 | The defense disputes aspects of the encounter and seeks body-camera footage. |
Summary
The federal case centers on the alleged assault of an ICE officer during an Austin traffic stop and the subsequent shooting of Garces-Perez. Prosecutors, the defense and ICE offer differing accounts of the vehicle movements, the immigration order and the availability of video evidence. The criminal and immigration proceedings will determine the next legal steps.
Frequently Asked Questions
What charges does Garces-Perez face?
He is charged with assaulting, resisting, interfering with and impeding a federal officer. A conviction could carry up to 20 years in federal prison.
Why was Garces-Perez shot?
The complaint says a second ICE officer fired after reporting that Garces-Perez had attempted to strike him with his vehicle. Garces-Perez disputes the account of the vehicle maneuver.
What happens next in court?
Garces-Perez made his initial appearance in federal court Tuesday, and a detention hearing is scheduled for Oct. 2. The criminal case will proceed separately from his immigration proceedings.
