A Venezuelan man who was shot by an Immigration and Customs Enforcement officer during a traffic stop in Texas is facing a federal charge of assaulting, resisting, interfering with, or impeding a federal officer, according to the Justice Department.
Wilber Rafael Garces-Perez, 28, was shot by an ICE Enforcement and Removal Operations officer on Sept. 20 during a traffic stop in Austin, Texas. The Justice Department announced Tuesday that Garces-Perez had been charged with one count under federal law.
According to an affidavit supporting the criminal complaint, ICE officers stopped Garces-Perez after determining that he was the person they were seeking. Garces-Perez provided his Texas driver’s license, which officers used to verify his identity, the affidavit says.
The officers then ordered Garces-Perez to put his vehicle in park and get out. After receiving additional instructions in Spanish, Garces-Perez allegedly closed his window and drove away, according to the complaint.
The affidavit said Garces-Perez’s vehicle struck one of the ICE officers in the torso with the driver’s-side mirror as he drove away. The complaint also says body-camera footage on one of the officers captured the initial encounter with Garces-Perez.
The Department of Homeland Security special agent who wrote the affidavit detailed the interview with Garces-Perez as part of the investigation. Garces-Perez said an agent struck his car during the initial traffic stop, a detail that was disputed by the ICE agent.
“GARCES said he knew he was going to be apprehended so he asked L.G. to let him park his car so his wife could come and pick it up for him.”
“GARCES admitted to disregarding the command to get out and drove off,” the filing noted. “GARCES said he turned sharply to the right and said a short pursuit ensued and ended when the SUV struck GARCES’ car and caused it to spin around.”
Garces-Perez’s attorney, Kate Lincoln-Goldfinch, has disputed the circumstances surrounding his arrest and shooting.
Lincoln-Goldfinch maintained that Garces-Perez entered the United States legally in 2024 through the Biden-era program, which President Donald Trump ended after taking office in January 2025.
The attorney said Garces-Perez had a valid work permit and missed an immigration hearing after notice was sent to an old address.
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“The immigration court sent a notice for a hearing to an old address,” Lincoln-Goldfinch said last week. “Happens all the time. Not a reason to get shot in the street in the United States of America.”
Garces-Perez is set to appear in court on Friday for a detention hearing where he could face up to 20 years in federal prison.