A Venezuelan man shot in the back by a US immigration agent in Austin, Texas, has been charged with assaulting a federal officer, accused of sideswiping the agent with his car during a traffic stop.
Wilber Rafael Garces Perez, 28, faces one count of assaulting, resisting and impeding a federal officer. He could be sentenced to up to 20 years in federal prison if convicted.
The charge stems from a September 20 traffic stop. According to the Justice Department, an Immigration and Customs Enforcement officer pulled over a blue Toyota sedan after a database check confirmed it was registered to Garces Perez, who had been issued a final order of removal from the US.
Prosecutors say Garces Perez tried to drive away and his side-view mirror struck the ICE officer. Garces Perez was shot in the back during the encounter.
Court records contain a conflicting account. According to an affidavit, Garces Perez said a law enforcement SUV "caused a collision" with his car by making an abrupt maneuver during the stop.
Garces Perez appeared in court on Tuesday. His lawyers said they only learned of the hearing after it had already happened, raising questions about whether he had proper representation.
Body camera footage of the arrest was included in the affidavit and has circulated publicly. The video shows the moments surrounding the shooting of the DoorDash driver.
The case adds to growing scrutiny of ICE enforcement tactics and the treatment of immigrants with pending removal orders. Shooting a suspect in the back during a traffic stop is typically reviewed under use-of-force policies that permit deadly force only when an officer faces an imminent threat.
It is not yet clear whether the ICE officer involved has faced any disciplinary review or whether the shooting itself is under investigation. Federal officials have not announced a separate inquiry into the use of force.
Garces Perez remains in federal custody. No trial date has been set.
