Federal prosecutors in Texas filed criminal charges on Tuesday against Wilber Rafael Garcés Pérez, a Venezuelan delivery driver who was seriously wounded during an encounter with an Immigration and Customs Enforcement officer earlier this month. The charges arrived one day before a court hearing that was expected to examine the legality of his immigration detention.
Garcés Pérez, 28, was charged with one count of assaulting, resisting, and impeding a federal officer. The charge was outlined in a criminal complaint filed in federal court in the Western District of Texas.
The case has drawn significant attention because Garcés Pérez was shot during the incident and remains under government custody. His attorneys have said a bullet remains lodged near his spine, creating serious health concerns. They argue that he requires urgent medical treatment and continued monitoring.
According to members of his legal team, Garcés Pérez was injured on Sept. 20 while making food deliveries in Austin. They say he was struck by a bullet in the upper part of his back while sitting inside his vehicle. Supporters and attorneys have expressed concern about his condition, saying he remains in pain and faces ongoing medical risks.
A member of Congress who visited Garcés Pérez recently said he was using a wheelchair and appeared to need surgery. Legal advocates have called for immediate medical attention and have raised questions about the conditions of his detention.
Federal prosecutors allege that Garcés Pérez struck an ICE officer with the side mirror of his vehicle while attempting to leave the scene. According to the criminal complaint, the contact occurred before a pursuit began. Authorities said a chase then followed through commercial and residential areas.
The complaint includes images reportedly captured from the body camera of a second ICE officer who was present during the encounter. Government officials have previously stated that the officer who was directly involved in the shooting was not wearing a body camera at the time.
During an initial court appearance on Tuesday, federal authorities formally presented the charge against Garcés Pérez. The hearing came as a surprise to his attorneys, who said they were not informed in advance.
Members of his legal team said they only became aware of the court appearance after a previously scheduled meeting with their client did not take place. According to the attorneys, when they were later able to meet with him, he was experiencing pain, dizziness, and needed medication.
The defense team criticized the government’s handling of his medical care and argued that his health should be a top priority while legal proceedings continue.
Following the filing of the criminal charge, Garcés Pérez was moved from an immigration detention facility in San Antonio to a federal criminal detention facility near Austin. His attorneys said the transfer has complicated his legal situation because it now involves both immigration and criminal proceedings.
The criminal complaint provides differing accounts of what happened during the incident. According to federal authorities, after the pursuit began, one ICE officer lost sight of both Garcés Pérez and another officer involved in the chase.
The complaint states that the officer later reported that Garcés Pérez attempted to strike him with a vehicle and that he responded by firing his weapon. Officials say the officer discharged his firearm after feeling threatened by the vehicle’s movement.
Garcés Pérez provided a different account during interviews with federal investigators. According to the complaint, he said an ICE vehicle struck his car during the pursuit, causing it to spin. He stated that after his vehicle came to a stop, an officer fired into the rear passenger-side window, and he was struck in the back by a bullet.
The differing descriptions of the encounter are likely to remain a central issue as the case moves forward.
Meanwhile, a court hearing that had been scheduled to review Garcés Pérez’s challenge to his immigration detention was canceled. Earlier, a federal judge had temporarily blocked deportation proceedings against him through an emergency order.
His legal team says it will continue fighting to prevent further immigration detention and to ensure he receives necessary medical care. As criminal and immigration proceedings continue, the case remains under close public and legal scrutiny in Texas.
