Wilber Garces, 28, had surgery to remove a bullet that lawyers say was lodged near his spine after he was shot in the back during an ICE operation in Austin on Sept. 20. A federal judge denied him bail and prosecutors have charged him with assaulting and obstructing federal officers, carrying up to 20 years. Agents say Garces fled and tried to run over an officer, prompting a shooting; Garces and his attorneys dispute that account. Civil-rights advocates note gaps in body-camera footage and call for greater transparency.
Venezuelan Delivery Driver Shot During ICE Operation in Austin Undergoes Surgery, Faces Federal Charges
The shooting adds to other recent incidents during Republican President Donald Trump's immigration crackdown, which Democratic lawmakers and humanitarian organizations have criticized for excessive use of force. (RONALDO SCHEMIDT)
Wilber Garces, 28, underwent surgery Thursday to remove a bullet that lawyers say had been lodged near his spine since Sept. 20 after he was shot in the back during an Immigration and Customs Enforcement (ICE) operation in Austin, Texas.
Incident and Immediate Aftermath
According to his legal team and civil-rights advocates, Garces was working as a delivery driver when the encounter with ICE agents occurred. Garces was initially held in ICE custody and later transferred to a federal prison after a judge denied him bail following a court hearing Wednesday.
Federal Charges
Federal prosecutors charged Garces on Monday with assaulting, resisting, obstructing and impeding a federal officer — charges that carry a maximum sentence of up to 20 years in prison. U.S. District Judge Dustin Howell said he denied bail because Garces was a flight risk and cited video evidence that prosecutors say shows Garces fleeing authorities and striking an agent with his vehicle.
Conflicting Accounts
Testimony from agents involved in the operation says Garces fled an initial encounter, struck one agent with his car's side mirror, and later, when agents caught up with him, an agent identified only by the initials "L.G." testified that Garces attempted to run him over, prompting L.G. to fire.
Garces and his attorneys dispute that account. They say Garces asked agents for an opportunity to park in a safe spot before surrendering, and that agents refused and rammed his vehicle; a shot was fired that struck Garces in the back, his lawyers say.
Questions About Video Evidence
The Texas Civil Rights Project (TCRP), part of Garces's legal team, said the official record raises serious questions. TCRP noted testimony indicating the agent who fired, L.G., was not wearing a body camera, and another agent, identified as "D.F.," turned his camera off partway through the encounter. "The public is left without a full record of how this encounter ended in a shooting," the group said in a statement.
Current Status
TCRP said Garces "underwent surgery today and is currently in recovery." He remains in federal custody as the case proceeds. The shooting has been cited by civil liberties groups and some Democratic lawmakers as an example of concerns about use of force and transparency amid stepped-up immigration enforcement.
Note: The accounts of what happened differ significantly between agents and Garces. Charges and judicial findings do not establish guilt; the legal process will determine the outcome.
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