Texas federal prosecutors charge Venezuelan driver with assault after ICE shooting
A 28-year-old Venezuelan delivery driver who was shot by an ICE officer in September has been charged with assaulting a federal officer, according to court documents filed in Texas.
Federal prosecutors in the Western District of Texas have filed a criminal complaint charging Wilber Rafael Garces Perez, 28, with assaulting, resisting and impeding a federal officer. The charge stems from a September 20 incident in which an Immigration and Customs Enforcement (ICE) agent shot Garces Perez after a traffic stop.
According to an eight-page affidavit submitted by a Homeland Security Investigations (HSI) agent, two ICE officers identified as D.F. and L.G. pursued Garces Perez after discovering he had a final order of removal. The officers positioned their vehicles in front of and behind his car and ordered him to exit. Garces Perez allegedly ignored the command, asked L.G. to move his car, and then drove off, striking L.G. with his driver-side mirror.
"Approximately one minute later, GARCES abruptly closed the window and drove off. L.G. tried to avoid contact with the car but GARCES' driver's side-view mirror struck L.G. in his torso as it drove off," the affidavit states.
The affidavit says Garces Perez led the agents on a high-speed chase through commercial and residential areas before a pursuit ended when an SUV collided with his vehicle, causing it to spin. L.G. then fired his pistol, hitting Garces Perez in the upper back. The bullet remained lodged near his spine. After the shooting, L.G. removed the keys from Garces Perez's ignition and instructed him to remain inside the vehicle while an ambulance was called.
Garces Perez is being held at an ICE detention facility in Texas. His attorney and several Democratic lawmakers have said he is experiencing severe pain and may require surgery. A federal judge has scheduled an in-person hearing for September 30, temporarily preventing his deportation.