Federal prosecutors charge Venezuelan man shot in his car by ICE agent in Texas with assaulting an officer

Federal prosecutors in Texas have charged Wilber Rafael Garces Perez, a 28-year-old Venezuelan DoorDash driver, with assaulting, resisting and impeding a federal officer after an immigration agent shot him in Austin on Sept. 20. Prosecutors allege he hit an officer in the torso with his side mirror while trying to flee a traffic stop. He appeared in federal court in Austin on Tuesday and could face up to 20 years in prison if convicted. His attorney says a bullet is still lodged in his back, according to PBS NewsHour.

The government's version rests on a sworn statement from a Homeland Security agent, which includes body-camera stills but no video. Officers spotted his car outside a restaurant with its flashers on, and a database check showed a final removal order. Garces Perez handed over his license through a cracked window but stayed inside, and the filing describes the exchange as "pleasant and not aggressive." About a minute later, it says, he shut the window and drove away. Garces Perez told investigators an SUV cut him off, then hit his car and spun it before an agent shot him in the back. U.S. Attorney Justin R. Simmons said he tried to hit an officer, "causing the officer to fire his pistol."

His lawyer says he is an asylum seeker with a valid work permit, and his attorneys have sued to block his removal. The shooting drew protests amid an ICE enforcement surge.

Summarized by PolitiKool from PBS NewsHour’s reporting. Read the full story at PBS NewsHour →