Venezuelan man shot by ICE in Texas is charged with assault

A Venezuelan man, Wilber Rafael Garces Perez, who was shot by an ICE agent in Texas, has been charged with assault, resisting, and impeding a federal officer, according to prosecutors. The incident occurred on September 20 in Austin during a traffic stop. Garces Perez allegedly sideswiped the officer with his car as he tried to flee.

The 28-year-old faces up to 20 years in federal prison if convicted. He appeared in court on Tuesday, though his lawyers say they only learned of his court appearance later. ICE claims no contact occurred between their SUV and Garces Perez's car initially. However, Garces Perez alleges a law enforcement SUV collided with his car during the stop.

The court filing states he knew he would be arrested and declined to exit his vehicle when ordered, then drove away, striking the officer with his car. This led to a brief high-speed chase, which ended when an agent's SUV struck his car, causing it to spin. Garces Perez claims an agent then fired his pistol into the back right window of his car, where the bullet remains.

The justice department notes the officer fired after being struck by Garces Perez's car. The man, who entered the US in 2024 through an asylum-seeker program, has been receiving "some of the best medical care" available, according to the Department of Homeland Security. A judge temporarily blocked his deportation.