The Venezuelan delivery driver shot in the back by an ICE agent in Austin on September 20 appeared in federal court on September 30 in a wheelchair — with the bullet still lodged in his back. Judge Dustin Howell ruled that Wilber Rafael Garces Perez, 28, will remain in custody, finding probable cause for the criminal case against him.
Prosecutors played body-worn camera footage at the hearing, alleging that Garces Perez struck an ICE officer with his driver's side mirror while trying to evade arrest in Austin. He is charged with one count of assaulting, resisting, and impeding a federal officer and faces up to 20 years in prison if convicted.
Howell found the government had established probable cause and deemed Garces Perez a flight risk, denying release.
In a Wheelchair, Bullet Still in His Back
Garces Perez appeared with his left arm in a sling and needed help putting on a headset to hear the translation of the proceedings. His attorneys said that ten days after being shot, he still urgently needs surgery and faces the risk of permanent immobility and sepsis. "Throughout the hearing today, he was wincing in pain," his lawyer said.
Defense: The Charges Are Retaliation
The defense called the charges "retaliation" and argued the camera footage was inconclusive — it didn't fully capture the moment he allegedly tried to flee. Homeland Security Investigations Special Agent Rick Bazan, who signed the criminal complaint, testified that he had never directly interviewed the agent who was supposedly struck by the mirror and could not confirm the agent was actually hit. The officer allegedly hit by the mirror was not wearing a body-worn camera.
In other words, the prosecution's key evidence chain is missing any video record from the very officer at its center.
The two sides tell starkly different stories. According to his attorney, Kate Lincoln-Goldfinch, Garces Perez was delivering for DoorDash in North Austin around midday on September 20 when ICE agents in an unmarked truck sideswiped his car twice; an officer then shot him in the upper back, just below the neck. He spent only three to four hours at Dell Seton Medical Center before being transferred to the ICE processing center in Pearsall — bullet still in his back. He was later returned to a hospital after reporting numbness and weakness on his left side, and was diagnosed with a fractured clavicle.
The Department of Homeland Security disputes his account, saying he entered the country illegally, held an expired work permit, and was subject to a final order of removal — and adding that "ICE does not determine whether a bullet should be surgically removed." The officer who fired was not wearing a body camera at the time; described as a recent hire, he is now on administrative leave per standard procedure.
His lawyer says he entered the U.S. in 2024 through the Biden-era CBP One appointment program to seek asylum, held a valid work permit, and missed an immigration court hearing only because the notice was sent to a former address. On September 21, U.S. District Judge Orlando Garcia blocked his deportation pending further proceedings.
The case has sparked widespread protests in the Texas capital and renewed Democratic criticism of the Trump administration's aggressive immigration crackdown. His legal team is also pursuing a U visa — the victim-of-crime visa tied to the shooting investigation.
A man shot in the back, still carrying the bullet, now stands accused of assaulting a federal officer. How this case unfolds will be a test of where the boundaries of ICE enforcement really lie.