Federal authorities allege Wilber Garcés Pérez used his car as a “deadly and dangerous weapon” during a traffic stop on Sept. 20.
AUSTIN, Texas — A man shot by an ICE agent in North Austin last month has been indicted on a charge of assaulting, resisting, impeding and obstructing a federal officer.
The grand jury indictment alleges Wilber Garcés Pérez, 28, used his car as a “deadly and dangerous weapon” during a traffic stop on Sept. 20.
If convicted, Garcés Pérez could face 20 years in federal prison.
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The Department of Homeland Security accused Garcés Pérez of hitting an ICE agent with his sedan while attempting to flee. The complaint said officers gave instructions before Garcés Pérez allegedly closed his window and drove away, hitting one of the officers in the torso with a side-view mirror on the vehicle.
Following a pursuit through residential and commercial parts of Austin, Garcés Pérez said agents in an unmarked vehicle sideswiped his car and shot him as he tried to find a safe place to pull over. Federal prosecutors allege he ignored orders and later tried to hit an officer with his car.
He was hospitalized with a gunshot wound that left a bullet lodged near his spine and was then transferred into ICE custody hours later.
According to Garcés Pérez’s attorney, Kate Lincoln-Goldfinch, and Danny Woodward with the Texas Civil Rights Project, it took 11 days after the shooting for him to have surgery to remove the bullet.
Meanwhile, Austin Police Chief Lisa Davis said federal authorities have not turned over key evidence that the Austin Police Department has requested as it investigates the shooting. Davis said APD is still waiting to get access to evidence and to independently interview those involved in the shooting.