A federal grand jury in Austin has indicted Wilber Rafael Garces Perez, a 28-year-old Venezuelan national, on a charge of assaulting, resisting, impeding, and obstructing a federal officer. The indictment stems from a September traffic stop during which an Immigration and Customs Enforcement officer shot and wounded Garces Perez.
Prosecutors allege that Garces Perez used his vehicle as a deadly weapon while attempting to flee ICE officers. According to the Justice Department, he could face up to 20 years in federal prison if convicted. The charge follows a criminal complaint filed by the Department of Homeland Security, which accused him of striking an ICE officer with his car before leading officers on a brief high-speed chase through a residential area.
The encounter began when ICE agents approached Garces Perez after identifying him as someone with a final order of removal. A federal affidavit states that he initially provided identification but refused to exit his vehicle. Garces Perez later told investigators he wanted to move his car so his wife could retrieve it after his arrest. He admitted to fleeing the scene, and prosecutors say his driver’s side mirror struck an officer in the torso.
Another ICE officer, who was not wearing a body camera, claimed Garces Perez tried to strike him with the vehicle. That officer fired into the car’s rear window, hitting Garces Perez in the back. He was hospitalized with the bullet still lodged in his spine and later taken into custody at an immigration detention facility.
The shooting has drawn intense scrutiny from Democratic lawmakers and local officials, who have questioned the circumstances and demanded an independent investigation. Austin Mayor Kirk Watson (D) called for local authorities to play a role in probing the incident.
“As mayor of the city of Austin, I’m very angry about this,” Watson said at a September 20 news conference. “A person being shot in the streets of Austin by someone reporting to be law enforcement, particularly when it’s ICE, is something that causes me to be unhappy and angry.”
The case has also intensified broader debates over immigration enforcement and police accountability. Texas officials have clashed with the Biden administration over border policies, while incidents like this one fuel calls for greater oversight of federal agents. The lack of body camera footage from the shooting officer has only added to transparency concerns.
As the prosecution moves forward, Garces Perez remains in federal custody. His indictment marks the latest development in a case that has become a flashpoint in the national conversation about the limits of immigration enforcement and the use of force by federal officers.
