A man shot in the back by an immigration agent in Austin, Texas, now faces a federal charge after allegedly hitting the agent with his car's mirror as he drove away from a traffic stop. District Court filing released Tuesday, the Department of Homeland Security (DHS) accused DoorDash driver Wilber Rafael Garces Perez of assaulting, resisting, interfering, and impeding a federal officer after the incident on September 20. Garces Perez was shot after fleeing agents during a traffic stop.
It was when he drove away that DHS alleges he struck the agent, although the complaint did not specify any injuries. The shooting, adding to a string of ICE agent-related shootings in Texas and around the country under President Donald Trump, sparked protests in the city. Newsweek reached out to DHS and Garces' attorney via email and contact form Tuesday afternoon.
As part of the filing in the Western District of Texas, DHS provided three stills from an agent's body camera, taken during an initial vehicle stop after agents identified the Venezuelan man as having a final order of removal. The photos show an agent identified as L.G. standing to the front left of the driver's side door, close to the vehicle stopped on the edge of a highway. The complaint explains that agents spoke with the man in the car and confirmed his identity in a conversation that was "pleasant and not aggressive." After a minute of discussion, the complaint said Garces Perez abruptly rolled up his window.
The images show the car starting to move off, with L.G. extremely close to the side mirror, before the final image shows him getting out of its way as the car leaves. It was at this point, the complaint alleges, that the agent was struck "in his torso." The complaint says L.G. and the agent filming, identified as D.F., pursued Garces Perez in their vehicles with emergency lights and sirens activated through a residential and commercial area. At one point, D.F. said he lost sight of L.G. and Garces Perez and turned off his body camera.
D.F. tried to reach L.G. on the phone, with the latter calling his colleague back, giving his location, and explaining that Garces Perez had allegedly tried to strike him with his car, so LG. had fired his pistol. The account does not give L.G.'s viewpoint, and there did not appear to be body cam footage of the shooting itself. Garces Perez told investigators that the chase ended when L.G.'s vehicle struck his and caused it to spin around.
He then alleged L.G. fired through the rear passenger-side window, striking him in the upper back. This is a breaking news story. Contact Newsweek editors on this story: Gabe Whisnant and Sam Wilson.
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