Man shot by ICE in Austin charged with assaulting, resisting federal officer

Feds charge man shot in Austin ICE encounter

The US Attorney's Office says that when Perez fled the traffic stop, he struck one of the ICE officers in the torso with his side-view mirror.

AUSTIN, Texas - A man shot by an ICE officer in North Austin has been charged with assaulting, resisting, interfering with and impeding a federal officer.

28-year-old Wilber Rafael Garces-Perez appeared in federal court on Tuesday.

Perez’s attorneys said they were not aware he was scheduled to appear until he failed to show up for a pre-scheduled meeting with them.

Man shot by ICE agent faces federal charge

A man shot by an ICE agent in North Austin earlier this month is now facing federal charges

What happened during the ICE traffic stop?

What they're saying:

According to a nine-page criminal complaint, ICE Enforcement and Removal Operations officers stopped Perez on Sept. 20 after confirming he had a final order of removal from an immigration judge.

The officers said Perez gave them his driver’s license but ignored repeated requests to put his vehicle in park and step out. The complaint says the officers gave him additional instructions in Spanish before he abruptly closed his window and drove away.

Prosecutors allege the driver’s-side mirror struck one of the officers in the torso.

The officers then pursued Perez with their emergency lights and sirens activated. One officer told investigators that Perez later tried to hit him with his car, prompting the officer to fire his gun.

The complaint says Perez was struck in the back.

Perez has maintained that he wanted to park his vehicle before driving away.

The other side:

Perez's legal team provided a statement on the charge to FOX 7 Austin, saying:

"Today, as a surprise to his legal team, Wilber Rafael Garces Perez, a Venezuelan immigrant who was shot by ICE in a traffic altercation on Sunday, September 20, appeared in federal court after being charged with a count of assaulting, resisting, interfering with, and impeding a federal officer. His attorneys only learned of this appearance due to a pre-scheduled meeting they had with him this morning, in which he did not appear.

Nine days after being shot by ICE, Wilber still has a bullet lodged in his back. Medical professionals say he’s in grave danger because of it. This morning, when his attorneys were finally able to see him, he was in considerable pain, dizzy, and needed pain medication, which had not been provided. Rather than provide the life-saving medical care he needs, DHS and the government are playing games with his life.

This is another example that demonstrates that the government doesn't care — the same way it didn't care about Lorenzo Salgado Araujo, killed in Houston, and Joan Sebastian Guerrero, a young father killed in Maine.

This is a developing situation, and our team remains focused on it."

DHS officials have said Perez has received medical care and medication. Perez’s attorneys are calling for the full body-camera footage to be released. They have also filed a lawsuit seeking to stop his removal from the United States.

What's next:

He has a detention hearing set for Oct. 2, says the US Attorney's Office.

If he is convicted, Perez could face up to 20 years in federal prison.

What happened in the ICE shooting on Sept. 20 in Austin?

The backstory:

Austin-Travis County EMS Chief Rob Luckritz said emergency crews were notified of a reported shooting at about 12:56 p.m. in the 8000 block of Anderson Square.

Paramedics arrived within about 3 1/2 minutes and found an adult man with a gunshot wound. The man was transported to a local trauma center in serious but stable condition.

APD Chief Lisa Davis initially stated that the shooting involved a federal agent and later confirmed she had been told the agent was with ICE. Austin police were not involved in the shooting.

Latest update on man shot by ICE agent in Austin

It's been three days since an ICE agent shot a man in North Austin. Congressman Greg Casar gave an update on Wednesday after visiting the Venezuelan man in ICE custody.

Perez told immigration attorney Kate Lincoln-Goldfinch that he was driving for DoorDash on Sunday when an unmarked car sideswiped him. He did not know it was ICE.

He told Lincoln-Goldfinch that he did a U-turn under the highway and was then sideswiped again. He then said the agents got out of the unmarked car and shot him in the back of the neck. They then pulled him from the car.

Lincoln-Goldfinch said there was no foot chase. However, ICE said there was a foot chase.

DHS officials have confirmed that Perez is from Venezuela and say he entered the country illegally and had a final order of removal.

Perez was taken into federal custody to the South Texas ICE processing center in Pearsall.

Austin police release footage

APD releases body cam video of ICE shooting

Austin police are sharing more information and videos from their response to Sunday's ICE shooting in North Austin.

New video released by APD appears to show Perez was involved in a traffic stop with federal agents before leading them on a pursuit, minutes before he was shot by a federal agent.

APD released video captured on an off-duty APD detective's personal dashcam and cellphone, as well as body camera footage from an on-duty officer.

Reports last week by The Atlantic and FOX News indicated there may be no body camera footage from ICE's perspective of the incident.

Multiple federal law enforcement sources told FOX News that there is no ICE bodycam footage from the incident, FOX's Bill Melugin said last week on social media.

The Atlantic's Nick Miroff also stated that three DHS officials had told him that the officer was a "recent hire who was not wearing his body camera."

So far, the APD videos are the only footage that has been publicly released.

The Source: Information in this report comes from a Sept. 29 release by the US Attorney's Office, a Sept. 29 statement from Wilber Perez's legal team and previous reporting by FOX 7 Austin.

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