AUSTIN, Texas – The Venezuelan man shot in the back by an Immigration and Customs Enforcement officer in Austin is scheduled for a preliminary detention hearing Wednesday.
Wilber Rafael Garces Perez, 28, was charged Tuesday with one count of assaulting, resisting and impeding a federal officer, according to a criminal complaint. A detention hearing is set for Friday, October 2.
>> Austin man shot by ICE agent charged with assault, resisting arrest
If convicted, he faces up to 20 years in federal prison.
The charges stem from a Sept. 20 traffic stop in north Austin. According to the criminal complaint, ICE officers were attempting to detain Garces Perez after confirming an immigration judge had issued a final order of removal.
The complaint alleges Garces Perez ignored orders to put his vehicle in park and get out. It says he drove away, striking one ICE officer in the torso with the driver’s-side mirror. The complaint further alleges officers pursued him through commercial and residential areas and that Garces Perez later attempted to strike another officer with his vehicle. That officer then fired his gun.
Garces Perez was shot and hospitalized. His attorney has said the bullet remained lodged in his back after he was released from the hospital and transferred to ICE custody. He later returned to the hospital for additional treatment.
Before the shooting, Garces Perez was working as a DoorDash driver, according to his attorney. His legal team has said he entered the United States through a parole program, was seeking asylum and had no criminal history.
Garces Perez has disputed the officers’ account, saying he tried to pull over and that the agents shot him as he drove away.
The preliminary detention hearing will address whether Garces Perez remains in custody while the criminal case proceeds.
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