Texas prosecutors charge Venezuelan driver shot by ICE after traffic stop
Federal prosecutors in Texas on Tuesday announced assault charges against a 28-year-old Venezuelan delivery driver who was shot in the back by immigration enforcement agents on September 20. A federal complaint said Wilber Rafael Garces-Perez tried to flee officers from Immigration and Customs Enforcement after they pulled him over following a judge's final removal order.
According to the complaint, Garces-Perez hit one officer with his car's driver's-side mirror and later tried to strike another officer with the vehicle. If convicted, he could face up to 20 years in prison.
US Attorney Justin R. Simmons for the Western District of Texas said Garces-Perez was stopped by ICE officers after the removal order was issued. Court papers said he gave officers his driving licence but did not comply with requests to get out of the car. The documents said he then spoke in Spanish with one of the officers about moving and parking the car, and that "the conversational tone was pleasant and not aggressive."
The complaint said that about a minute later, Garces-Perez "abruptly" shut the window and drove away. It alleged that officer L.G. was hit in the torso by the driver's-side mirror.
Garces-Perez entered the US in 2024 through CBP One, a programme started under President Joe Biden that allowed migrants to make appointments with US authorities to be considered for asylum. President Donald Trump ended the programme on his first day in office. Immigration lawyer Kate Lincoln-Goldfinch said Garces-Perez was an asylum seeker and had a valid work permit. She said a judge issued a deportation order after he missed an immigration court hearing because the notice had been sent to a former address. An attorney for Garces-Perez declined to comment on Tuesday morning.
The case centres on the September 20 stop in which Garces-Perez was later shot in the back, with prosecutors alleging he struck an officer while trying to escape and his immigration lawyer saying he had a valid work permit and missed a court hearing because the notice went to an old address.
