AUSTIN, Texas — Federal prosecutors in Texas announced on Tuesday assault charges against a Venezuelan delivery driver who was shot in the back by immigration enforcement agents on Sept. 20.
A federal complaint alleges Wilber Rafael Garces-Perez, 28, tried to escape Immigration and Customs Enforcement, who pulled him over after a judge issued a final removal order, according to U.S. Attorney Justin R. Simmons for the Western District of Texas.
The complaint accuses him of sideswiping an officer with his drivers side car mirror and later attempting to strike an officer with his car.
If convicted Garces-Perez faces up to 20 years in prison.
An attorney for Garces-Perez declined to immediately comment on Tuesday morning.
Garces-Perez allegedly provided his drivers license, but ignored agents' requests to step out of the car. He allegedly engaged in a Spanish conversation with one of the federal officers about moving the car and parking it, and the court documents state “the conversational tone was pleasant and not aggressive.”
The court documents further allege that about a minute later, Garces-Perez “abruptly” closed the window and drove off. One of the officers, L.G. was struck in his torso with the driver’s side view mirror.
Garces-Perez entered the U.S. in 2024 using CBP One, a program begun under President Joe Biden that allowed migrants to make appointments with U.S. authorities to be considered for asylum. President Donald Trump ended the program on his first day in office.
Garces-Perez was an asylum seeker and had a valid work permit, according to immigration lawyer Kate Lincoln-Goldfinch. She said a judge issued a deportation order after Garces-Perez missed an immigration court hearing because the notice was sent to a former address.
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