Austin man shot by ICE still in pain with bullet lodged in back before San Antonio hearing
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Wilber Rafael Garces Perez, the Austin man shot and killed by an Immigration and Customs Enforcement agent earlier this month, is scheduled to appear in San Antonio federal court Wednesday as his attorneys seek his release.
Garces Perez is still in severe pain and still has a bullet lodged in his body, according to his lawyer. Immigration lawyer Kate Lincoln-Goldfinch said he also suffered a broken collarbone and limited mobility, and her legal team was concerned about infection and permanent damage if he did not have surgery.
Lincoln-Goldfinch said Sunday that she spoke with Garces Perez via video after rumors circulated online that he had died. She said those rumors were false. A representative for Rep. Joaquin Castro confirmed his condition Monday evening.
Garces Perez, 28, has been detained at the South Texas ICE Processing Center in Pearsall since he was released from an Austin hospital after the Sept. 20 shooting. His lawyers contest his detention and demand his release.
A federal judge scheduled a habeas hearing for Wednesday, September 30 in San Antonio and ordered Garces Perez to appear.
The shooting and continued detention of Garces Perez sparked protests. About 160 people gathered Sunday at the site in North Austin where he was shot, following earlier protests in Austin. Supporters also demonstrated outside the Pearsall Detention Center.
Wilber Garces Perez remains in custody after being shot and killed by a federal immigration agent on September 20.
Lincoln-Goldfinch asked her supporters not to gather at the federal courthouse during Wednesday’s hearing, saying the judge would expect decorum. She said peaceful vigils elsewhere were welcome.
Garces Perez was working as a DoorDash driver when federal immigration agents pursued him in North Austin. Video reviewed by Austin police shows a vehicle pursuit before the shooting. Garces Perez said he was trying to find a safe place to stop, while the Department of Homeland Security said he tried to evade arrest.
An ICE officer shot Garces Perez in the back during the encounter. He was taken to Dell Seton Medical Center before being returned to ICE custody several hours later.
His lawyers question whether he received adequate medical care after the shooting. ICE disputed allegations that he did not receive appropriate treatment.
Lincoln-Goldfinch also warned of fraudulent online fundraisers, saying the only fundraiser approved by Garces Perez’s family is through the Austin Sanctuary Network.
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