Venezuelan delivery driver shot by ICE agent in Austin charged with assault
Federal prosecutors in Texas have charged Wilber Garces Perez, shot by an ICE agent on Sept. 20, with assaulting a federal officer. A bullet remains lodged near his spine.
Venezuelan man shot by ICE in Austin faces federal assault charge
Federal prosecutors in Texas have charged Wilber Rafael Garces Perez, a 28-year-old Venezuelan delivery driver, with assaulting a federal officer — weeks after an Immigration and Customs Enforcement agent shot him during an attempted arrest in Austin. CBS News reports the charge was unveiled Tuesday in court documents filed in the U.S. District Court for the Western District of Texas.
Prosecutors allege Garces Perez struck an ICE officer with his vehicle's side-view mirror as he drove away during the 20 September incident. He faces one count of assaulting, resisting and impeding a federal officer.
What the affidavit says
An eight-page affidavit, filed by a Homeland Security Investigations agent in support of a criminal complaint, outlines the government's account of events. The agent interviewed one of the two ICE officers involved in the incident, identified only as D.F. The officer who discharged his weapon, identified as L.G., is not quoted in the filing.
According to D.F., both agents began following Garces Perez's car after a licence plate check revealed he had a final order of removal from an immigration judge. The agents, travelling in separate vehicles, pulled him over — parking one car in front and one behind his. They approached and instructed Garces Perez to step out of the vehicle.
Garces Perez did not comply, the affidavit states. Instead, he asked officer L.G. whether he could move his car to park it. "Approximately one minute later, GARCES abruptly closed the window and drove off. L.G. tried to avoid contact with the car but GARCES' driver's side-view mirror struck L.G. in his torso as it drove off," the document reads.
Three still images from D.F.'s body camera, included in the court filing, show L.G. standing beside the vehicle and apparently stepping aside as it moves forward.
High-speed chase and shooting
Garces Perez then led the agents on a high-speed chase through commercial and residential streets, the affidavit states. D.F. said he requested backup from dispatchers and lost sight of both the suspect's car and L.G.'s vehicle. L.G. subsequently called D.F. by phone and reported that Garces Perez had attempted to strike him with the car and that he had fired his pistol. L.G. was not wearing a body camera at the time.
Garces Perez's own account
The HSI agent also interviewed Garces Perez directly. The Venezuelan man told investigators that one of the agents struck his car during the initial traffic stop — a claim disputed by D.F. He confirmed he refused to exit the vehicle when ordered, saying he knew he was about to be detained and wanted his wife to collect the car.
Garces Perez acknowledged driving away and said the brief chase ended when "the SUV struck GARCES' car and caused it to spin around." He recalled officer L.G. then firing into the rear-right window of his car. "GARCES was struck with a bullet in his upper back. GARCES stated after he was shot, L.G. opened the driver's door of his car and removed the keys from the ignition. He then told GARCES to stay inside and an ambulance was enroute," the affidavit states.
Bullet still lodged near spine
The bullet came to rest close to Garces Perez's spine and had not been surgically removed as of last week. He remains held at an ICE detention facility in Texas. His attorney and several Democratic lawmakers have said he is in intense pain and requires surgery.
A federal judge last week ordered Garces Perez to appear in person at a hearing on Wednesday, 30 September, effectively preventing ICE from deporting him before that date.
Source: Google News MT