AUSTIN, Texas — A Venezuelan delivery driver who was shot in his car by a federal immigration agent in Texas will remain in custody for assaulting a police officer while trying to evade arrest, a federal judge ruled Wednesday.
Judge Dustin Howell said the case against Wilber Rafael Garcés Pérez, 28, should continue after prosecutors presented body-worn camera footage of the encounter in Austin, during which Garcés Pérez allegedly struck a U.S. Immigration and Customs Enforcement agent with his driver’s side mirror.
Garcés Pérez is charged with assaulting, resisting and obstructing a federal agent and faces up to 20 years in prison if convicted. His case sparked widespread outrage in the Texas capital and sparked fresh criticism from Democrats of President Donald Trump’s aggressive crackdown on immigration.
With a bullet still lodged in his back, Garcés Pérez appeared in court in a wheelchair. His lawyers said he still needed emergency medical treatment, 10 days after he was shot. He also had a sling on his arm and needed help putting on headphones to listen to a translation of the proceedings.
The defense called the charges against Garcés Pérez “retaliation” and argued that the camera footage was inconclusive because it did not fully capture the moment he allegedly tried to flee.
The hearing also included testimony from Homeland Security Investigations Special Agent Rick Bazan, who signed the criminal complaint accusing Garcés Pérez of assault. The defense argued that Bazan, whose agency is the investigative arm of ICE, could not confirm whether the ICE agent was actually struck by the car’s rearview mirror since no federal investigator had questioned the agent directly. Bazan also could not explain why the officer who was allegedly struck by the mirror was not wearing a body-worn camera.
Footage provided in court Wednesday shows officers arresting Garcés Pérez on Sept. 20 in Austin, where he was making deliveries for DoorDash.
The video showed Garcés Pérez handing officers his driver’s license through a slot in his window, then asking in Spanish if he could park his car so a relative could pick it up. The officer repeatedly asked Garcés Pérez to get out of the car, to which he asked him if he could park his own car so that a family member could pick it up. After a back and forth, Garcés Pérez starts suddenly and quickly.
Prosecutors show video but not the shooting itself
Prosecutors presented video from cameras at a nearby business showing the high-speed chase that ensued through residential streets. The shooting itself was not captured in the footage shared in court.
The federal officer who shot Garcés Pérez was not wearing a body camera. The immigration officer who had a camera was driving in another car and turned off the camera during the chase.
Garcés Pérez said he was hit by a law enforcement SUV and turned around before being shot. Federal agents, however, told investigators that Garcés Pérez tried to hit a police officer with his car at the end of the chase before the unidentified officer fired his weapon.
The charges against Garcés Pérez are reminiscent of previous claims made by immigration officials after other high-profile shootings, also accusing drivers of arming their vehicles. In a handful of cases, the allegations were overturned or rescinded after body-worn camera footage was released, sparking new scrutiny of DHS’s reliance on vehicle stops to make arrests.
Lawyer accuses ICE of denying him medical treatment
Kate Lincoln-Goldfinch, one of Garcés Pérez’s immigration attorneys, accused ICE of denying him medical treatment for his gunshot wound.
“ICE’s conduct was so egregious that doctors, nurses, medical ethicists and health advocates came together to demand his release,” she said in court after the hearing.
Garcés Pérez entered the United States in 2024 through CBP One, a program launched under President Joe Biden that allowed migrants to make an appointment with American authorities to have their asylum application considered. President Donald Trump ended the program on his first day back in office.
Garcés Pérez was an asylum seeker and had a valid work permit, according to his lawyer. She said a judge later issued a deportation order after Garcés Pérez missed an immigration court hearing because the notice was sent to an old address.
Judge Howell said he denied Garcés Pérez bail on the grounds that he could pose a flight risk to Venezuela, where he has a child.
His lawyers filed a lawsuit to prevent his deportation from the United States.
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