Federal prosecutors in Texas filed a criminal charge Tuesday against a Venezuelan delivery driver who was seriously injured during an encounter with an Immigration and Customs Enforcement officer earlier this month. The filing came just one day before a court hearing that was expected to examine the legality of his immigration detention.
Wilber Rafael Garcés Pérez, 28, was charged with assaulting, resisting, and impeding a federal officer, according to a criminal complaint filed in federal court. The charge adds a new legal challenge for Garcés Pérez as questions continue surrounding the shooting that left him hospitalized and later placed in government custody.
The case has gained attention because Garcés Pérez was shot while working as a delivery driver in Austin on Sept. 20. His attorneys say he was struck in the upper back and that the bullet remains lodged near his spine. They have repeatedly expressed concern about his health and have called for immediate medical treatment.
Legal advocates representing Garcés Pérez say his condition remains serious. According to members of his legal team, he continues to experience pain and faces significant medical risks while being held in custody. Supporters have argued that his medical needs should take priority as court proceedings continue.
Federal authorities allege that Garcés Pérez struck an ICE officer with the side mirror of his vehicle while attempting to leave the scene. According to the criminal complaint, the contact occurred before a pursuit began. Investigators claim a chase followed through both commercial and residential areas.
The complaint includes images reportedly taken from the body camera of a second ICE officer who was present during the incident. Government officials have previously stated that the officer who fired the weapon was not wearing a body camera at the time of the encounter.
Authorities say the officer later reported that Garcés Pérez attempted to hit him with a vehicle, leading to the use of a firearm. Prosecutors argue that the officer acted after feeling threatened during the encounter.
Garcés Pérez has provided a different version of events. According to information included in the complaint, he told investigators that an ICE vehicle struck his car during the pursuit, causing him to lose control. He said that after his vehicle came to a stop, an officer fired into the vehicle and a bullet struck him in the back.
The differing accounts are expected to play an important role as the case moves through the legal system. Questions surrounding the exact sequence of events remain central to both the criminal case and ongoing legal challenges connected to his detention.
On Tuesday, Garcés Pérez made an initial appearance in federal court following the filing of the criminal complaint. Members of his legal team said the hearing caught them by surprise because they had not been informed beforehand.
According to his attorneys, they only learned of the proceeding after a scheduled meeting with their client did not occur. They later met with him and reported that he was experiencing dizziness, pain, and a need for medication.
The defense team criticized government officials over his medical treatment and argued that he requires additional care. They said his condition remains unstable and warned that delays in treatment could create further health complications.
After the criminal charge was filed, Garcés Pérez was transferred from immigration custody in San Antonio to a federal criminal detention facility near Austin. His attorneys said the move has complicated his legal situation because it now involves separate immigration and criminal proceedings.
Meanwhile, a court hearing that had been scheduled to review his challenge to immigration detention was canceled. Earlier, a federal judge had issued an emergency order temporarily preventing deportation proceedings from moving forward.
Attorneys representing Garcés Pérez say they will continue seeking protections against further immigration detention while also addressing the criminal charge. They remain focused on securing medical treatment and ensuring that his legal rights are protected.
As the case advances, both federal prosecutors and defense attorneys are expected to continue presenting competing accounts of the encounter. The outcome could affect not only the criminal case but also the broader questions surrounding his detention and future immigration status.
