Federal prosecutors charged Wilber Rafael Garcés Pérez, a Venezuelan asylum-seeker shot by an ICE officer in Austin on Sept. 20, with resisting and assaulting a federal officer. The affidavit names the shooter as "L.G." and alleges Garcés Pérez tried to hit an officer with his car while fleeing; the officer then shot him in the back. Reporters and filings say one officer was not wearing a body camera and another turned off theirs. Garcés Pérez was treated at Dell Seton Medical Center, remains detained in Pearsall with a bullet lodged in his back, and is due in federal court after his deportation was paused.
Venezuelan Asylum-Seeker Shot by ICE Officer in Austin Charged With Resisting, Assaulting Federal Officer
Federal prosecutors have charged Wilber Rafael Garcés Pérez, a Venezuelan asylum-seeker who was shot by an Immigration and Customs Enforcement (ICE) officer in Austin, Texas, on Sept. 20, with resisting and assaulting a federal officer, according to newly unsealed court documents.
The affidavit identifies the officer who fired as "L.G." and alleges that agents attempted to stop Garcés Pérez before he fled and tried to strike an officer with his car. The filing says the officer then shot Garcés Pérez in the back.
The Atlantic previously reported that the officer who fired was a recent recruit who was not wearing a body-worn camera at the time. The affidavit also states that a second officer turned off their body camera while pursuing Garcés Pérez in SUVs.
Garcés Pérez's attorney, Kate Lincoln-Goldfinch, has disputed the account, saying officers in unmarked vehicles "sideswiped" her client's car and then fired into the vehicle.
"He didn't even know he was dealing with ICE until he was shot," Lincoln-Goldfinch said.
After the shooting Garcés Pérez was taken to Dell Seton Medical Center for treatment and was subsequently released into ICE custody with a bullet still lodged in his back. He remains detained at a Pearsall detention center while his attorney, several lawmakers and advocacy groups urge his release on medical grounds.
Court filings say Garcés Pérez entered the United States legally as an asylum-seeker in 2024 and held a valid work permit. His deportation was temporarily halted and he is expected to appear in federal court on Wednesday.
What Remains Unclear
Key details cited in the affidavit — including the sequence of events that led to the shooting and the reasons for the body-worn cameras being inactive — are central to pending court proceedings and ongoing public scrutiny.
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