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Man Shot by ICE Agent in Austin Charged With Assault

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A man shot by an immigration agent during a traffic stop in Austin, Texas, was charged on Tuesday with assaulting a federal officer. Wilber Rafael Garces Perez, 28, faces one count of assaulting, resisting, interfering and impeding a federal officer, according to the criminal complaint filed Monday in the Western District of Texas. The complaint states he struck an agent with his car’s mirror as he drove away from an attempted stop. He remains at a detention center in Texas.

The complaint mentions one agent wore a body camera, capturing part of the incident. The government provided still images, but the full footage has not been released. A spokeswoman for Mr. Garces Perez’s lawyer, Kate Lincoln-Goldfinch, expressed surprise at the charges, noting a bullet remains lodged in his body. The statement condemned the Department of Homeland Security’s actions, saying, “Rather than provide the life saving medical care he needs, D.H.S. and the government are playing games with his life.”

Mr. Garces Perez, originally from Venezuela, is scheduled to return to court tomorrow. If convicted, he faces up to 20 years in federal prison. Court documents describe the events by ICE agents. On Sept. 20, two agents, identified as D.F. and L.G., spotted Mr. Garces Perez driving a blue Toyota. Agent D.F., wearing a body camera, discovered an immigration judge had ordered his removal. Mr. Garces Perez initially cooperated but then drove off, striking agent L.G. with his mirror, leading to a high-speed chase.

The complaint states Mr. Garces Perez later admitted to disregarding commands and driving off, with a short pursuit ending when the S.U.V. struck his car. Mr. Garces Perez gave a different account, saying he thought the S.U.V. was an aggressive driver during a food delivery. He was shot after the car stopped. He entered the U.S. in 2024 seeking asylum via a Biden-era program and obtained a work permit.