Federal judge denies bond for Venezuelan man shot by ICE agent in Austin
Wilber Garces Perez, a Venezuelan citizen shot during an ICE traffic stop, remains in federal custody after a judge ruled he poses a flight risk, while prosecutors argue he endangers the community.
A federal magistrate in Austin denied bond to Wilber Garces Perez, who was shot in the back by an Immigration and Customs Enforcement (ICE) agent during a traffic stop on Sept. 20. Perez, a Venezuelan citizen, will stay in federal custody pending trial on charges of assaulting, resisting, interfering with and impeding a federal officer, offenses that carry a potential sentence of up to 20 years.
Prosecutors described Perez as a flight risk, citing his alleged attempt to flee, his family ties in Venezuela and the seriousness of the charges. They also argued he posed a danger to the community, alleging he struck an ICE officer with his vehicle during a chase. The magistrate agreed on the flight-risk assessment but did not concur that Perez is a community danger.
During the hearing, Department of Homeland Security special agent Rick Bazan testified that a separate DHS unit is investigating the shooting. He said his team used body-camera footage from the ICE officers and local business cameras to reconstruct the incident, which included an eight-minute chase through residential neighborhoods. The footage showed the ICE agents stopping Perez after observing his license plate, attempting to conduct a traffic stop, and a subsequent exchange in Spanish before Perez accelerated away.
According to the video, one ICE officer, identified as L.G., pursued Perez, collided with his car, and then fired three shots through the rear window. Bazan noted that neither he nor his team interviewed the shooting officer, and that the other officer, D.F., turned off his body camera during the pursuit.
Perez’s defense attorney, Shane McMahon, argued that his client was seeking legal residency and that the extent of any contact between the car and the officer was unclear. Lawyers for Perez have requested medical treatment, stating he has a bullet lodged in his back and may require surgery. > "He is facing permanent immobility and sepsis," said immigration lawyer Kate Lincoln-Goldfinch, adding that medical professionals are calling for surgery.
The case has prompted protests in Austin, with more than 150 demonstrators gathering at the shooting site on Sunday.