Venezuelan man charged with assault after traffic stop incident in Austin
A 28-year-old Venezuelan who was shot by an ICE officer during a traffic stop in Austin has been charged with assault, resisting and impeding a federal officer and faces up to 20 years in prison.
A federal immigration officer in Austin shot a Venezuelan man in the back during a traffic stop on Sept. 20, after the driver allegedly tried to flee. The man, identified as 28-year-old Wilber Rafael Garces-Perez, is now charged with one count of assaulting, resisting and impeding a federal officer, an offense that carries a maximum sentence of 20 years in prison.
According to a Justice Department filing, the stop began after ICE officers confirmed that the blue Toyota sedan was registered to Garces-Perez, who had a final order of removal from the United States. The filing states that Garces-Perez’s side-view mirror struck the officer’s torso as he drove away, and that he subsequently led agents on a high-speed pursuit through commercial and residential areas.
The affidavit adds that the chase ended when an agent’s SUV made contact with Garces-Perez’s vehicle, causing it to spin, after which the officer fired a pistol into the car’s rear right window. Garces-Perez was hit in the upper back, and his attorneys say the bullet remains lodged.
Garces-Perez appeared in federal court on Tuesday. His lawyers said they learned of the appearance only after the hearing. The defendant told the court that an officer’s SUV caused a collision during the stop and that he knew he would be arrested, but he declined to exit the vehicle when ordered.
"The officer caught up to Garces-Perez, who allegedly attempted to strike the officer with his car, causing the officer to fire his pistol," the Justice Department statement said.
If convicted, Garces-Perez faces a potential sentence of up to two decades in federal prison.