Wilber Rafael Garces Perez, a 28-year-old Venezuelan national, has been charged with one count of assaulting, resisting, and impeding a federal officer. The charge stems from an incident on September 20 in Austin, Texas, where Garces Perez allegedly sideswiped a US Immigration and Customs Enforcement (ICE) officer with his car during a traffic stop. The officer was hit in the torso by the car's side-view mirror.
According to the Justice Department, the traffic stop was initiated after an ICE officer confirmed that the blue Toyota sedan Garces Perez was driving was registered to him. Garces Perez had been issued a final order of removal from the US. The affidavit related to the incident contains conflicting accounts of what happened. Garces Perez claimed that a law enforcement SUV had caused a collision with his car by making an abrupt maneuver during the stop.
In contrast, federal agents stated that there was no contact between their vehicle and Garces Perez's car when they first pulled him over. Garces Perez allegedly admitted to knowing he would be arrested and declining to exit his car when ordered to do so. He then drove away, allegedly striking the officer with his side-view mirror. The court filing also alleges that Garces Perez led the agents on a high-speed chase through a commercial and residential area.
The pursuit ended when a federal agent's SUV struck Garces Perez's car, causing it to spin around. Garces Perez claimed that after coming to a forced stop, an agent fired his pistol into the back right window of his car. The Justice Department stated that the officer caught up to Garces Perez, who allegedly attempted to strike the officer with his car, causing the officer to fire his pistol. Garces Perez was struck by a bullet in his upper back.
Garces Perez's lawyers stated that the bullet remains lodged in his back, placing him in grave danger. The US Department of Homeland Security (DHS) said that Garces Perez has received some of the best medical care he's ever received. A judge temporarily blocked Garces Perez's deportation last week. He entered the US in 2024 using CBP One, an asylum-seeker program introduced by President Joe Biden and canceled by President Donald Trump.
Garces Perez appeared in court on Tuesday, although his lawyers claimed they only learned of the court appearance afterwards. If convicted, he faces up to 20 years in federal prison. The incident has garnered significant attention, with some questioning the actions of the ICE officer involved.
The case raises concerns about the use of force by immigration agents during traffic stops. An investigation into the incident is likely to be conducted.
Key points
- The Venezuelan national faces up to 20 years in federal prison if convicted of assaulting a federal officer.
- The incident involved a high-speed chase and conflicting accounts of what happened during the traffic stop.
- A judge has temporarily blocked Garces Perez's deportation.
