Houston (AFP) – A Venezuelan citizen shot by a US immigration agent in Texas has been charged with assault and other crimes and faces up to 20 years in prison, the Department of Justice said Tuesday. The September 20 shooting of delivery driver Wilber Rafael Garces-Perez in Austin is the latest violence by US Immigration and Customs Enforcement (ICE) agents tasked with enforcing President Donald Trump’s immigration crackdown.
Garces-Perez, who remains in custody and still has a bullet lodged near his spine, appeared Tuesday before a federal court in Texas, where prosecutors charged him with one count of assaulting, resisting and impeding a federal officer during his arrest. His attorneys said they were not made aware of the court appearance until Garces-Perez stood before the judge in “a surprise to his legal team.”
According to court documents, ICE agents detained Garces-Perez, 28, on September 20 after an immigration judge issued a final deportation order against him. The criminal complaint says agents stopped Garces-Perez in his car and positively identified him before the man ignored orders to exit the vehicle, instead driving off and leading ICE on a “high-speed chase.” During a call between ICE agents identified as LG and DF, LG told his colleague that Garces-Perez “had attempted to strike LG with his car and LG had fired his pistol,” shooting Garces-Perez in the upper back. The criminal complaint included a series of photos appearing to show the car’s driver-side rearview mirror approaching the torso of one of the agents. It also said officer DF turned off his body-worn camera during the pursuit.
ICE and Homeland Security Investigations are probing the case. Local authorities, human rights groups, and some lawmakers have called for an independent investigation. Last week, Garces-Perez told reporters that he had asked the ICE agents who stopped him to let him park his car in a safe place before turning himself in. According to his account, he tried to drive there, but the agents stopped him, rammed his vehicle, and then shot him.
“Nine days after being shot by ICE, Wilber still has a bullet lodged in his back. Medical professionals say he’s in grave danger because of it,” his legal team led by Kate Lincoln-Goldfinch said in a statement, adding their client remained in pain and without medication. “Rather than provide the life-saving medical care he needs, DHS and the government are playing games with his life.” His attorneys have requested Garces-Perez be released and taken to the hospital. A habeas corpus hearing is scheduled for Wednesday in San Antonio.
© 2024 AFP
