Garces Perez’s attorney, Kate Lincoln-Goldfinch, said Tuesday afternoon that a judge has granted the emergency order. She said Garces Perez’s team has filed a federal lawsuit, and the judge ordered that Garces Perez be present at the first hearing, scheduled for Wednesday, Sept. 30.
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Garces Perez, 28, was shot once in the torso on Sunday, Sept. 20, and taken to Dell Seton Medical Center in serious but stable condition, according to Austin officials. He was later released from the hospital and transferred into ICE custody.
On Monday evening, Congressman Joaquin Castro said Garces Perez was “in tremendous pain” and the bullet was still in his left side. He was losing movement in the left side of his body and was being taken to the hospital, Castro said.
On Tuesday morning, Lincoln Goldfinch said she had to cancel a hospital visit because Garces Perez had been transferred back to detention.
On Monday, Lincoln-Goldfinch provided an account of what happened after the shooting while standing alongside his wife. Lincoln-Goldfinch said Garces Perez was released into ICE custody about four hours after he was shot, and his family was not initially told where he had been taken or what condition he was in.
Civil rights organizations and Texas lawmakers are calling for an independent investigation into the shooting.
In her update Tuesday regarding the emergency order, Lincoln-Goldfinch said Garces Perez still has the bullet lodged in his body and he is still in “a lot of pain.”