Federal judge orders continued detention for man shot during ICE encounter
A federal magistrate judge ordered the detention of Wilber Rafael Garces Perez, a Venezuelan delivery driver, after finding probable cause he assaulted a federal officer during a September encounter in Austin. The man was shot in the back during the confrontation, which authorities claim resulted from him striking an ICE agent with his vehicle's driver-side mirror while attempting to flee. Perez remains in federal custody pending the continuation of his criminal case.
The incident occurred on September 20 when federal immigration enforcement agents initiated a traffic stop on Garces Perez in Austin. According to investigative records, when ordered to exit his vehicle, Garces Perez instead requested permission to relocate the car to a nearby parking area. When agents declined, he accelerated away from the scene, and during his departure, his vehicle's mirror made contact with one of the officers. The collision resulted in gunfire that struck Garces Perez in the back. He remained in medical custody with an unremoved bullet lodged in his body while awaiting judicial determination of his status.
The magistrate judge determined sufficient evidence existed to proceed with federal charges related to assault on a federal officer, citing both the nature of the alleged offense and flight risk as justification for continued detention without bail.
This case illustrates tensions in immigration enforcement operations, where interactions between undocumented migrants and federal agents can escalate rapidly. The outcome may influence public discussion about police procedures during immigration stops, the use of force in such encounters, and defendants' access to bail. It could also affect how immigration agencies train officers for high-stress situations and may shape prosecutorial decisions in similar cases involving alleged resistance during enforcement actions.