Federal grand jury indicts man shot by ICE officer in Austin

A Venezuelan man who was shot and wounded by an Immigration and Customs Enforcement (ICE) officer during a traffic stop in Austin last month has been indicted on a federal assault charge.

A federal grand jury indicted Wilber Rafael Garces Perez, 28, on one count of assaulting, resisting, impeding and obstructing a federal officer. Prosecutors allege he used his vehicle as a deadly weapon while attempting to flee ICE officers during a traffic stop in September.

The indictment follows a criminal complaint filed by the Department of Homeland Security, which accused Garces Perez of striking an ICE officer with his car before leading officers on a brief high-speed chase through a residential area.

An ICE officer subsequently shot Garces Perez, leaving him hospitalized with a gunshot wound. He was later taken into custody at an immigration detention facility, with the bullet still lodged in his spine.

He faces up to 20 years in federal prison if convicted, according to the Justice Department.

According to a federal affidavit, agents approached Garces Perez after identifying him as someone with a final order of removal. He initially complied with their request for identification but refused to exit his vehicle.

Garces Perez later told investigators that he wanted to move his car so his wife could pick it up 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 during the incident, claimed Garces Perez attempted to strike him with the vehicle. The officer fired into the car’s rear window, hitting Garces Perez in the back.

The shooting drew scrutiny from Democratic lawmakers and local officials, who questioned the circumstances surrounding the encounter and called for an independent investigation.

Austin Mayor Kirk Watson (D) pushed for local authorities to have a role in investigating the incident.

“As mayor of the city of Austin, I’m very angry about this,” Watson said at a Sept. 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.”