A Venezuelan man who was involved in a high-speed chase and Immigration and Customs Enforcement shooting in Austin now faces a charge of assaulting and resisting a federal officer.
According to court documents, two ICE Enforcement and Removal Operations officers performed a traffic stop involving Wilber Rafael Garces-Perez.
The Department of Homeland Security has clarified that Garces-Perez “entered illegally under the Biden Administration. The illegal alien had no valid work permit, had no protective status, and had a final order of removal from a Department of Justice (DOJ) Immigration Judge.”
The officers confirmed the final order of removal, according to the filing. When an officer activated his lights, Garces-Perez allegedly did not pull over and stopped only when the other officer blocked his car.
His attorney has said Garces-Perez was trying to stop in a safer location, not flee.
The officers reportedly checked Garces-Perez’ driver’s license and verified that he was the correct person before asking him to put his car in park and step out of the vehicle.
The filing states, “GARCES said he knew he was going to be apprehended.”
According to the criminal complaint, Garces-Perez allegedly disregarded the command to step out of the car. An officer gave him further instructions in Spanish. Garces-Perez then drove away.
His side-view mirror allegedly struck an officer’s torso, although the officer attempted to avoid it.
Officers activated their lights and sirens and pursued Garces-Perez in a high-speed chase through a commercial and residential area.
According to court documents, one of the officers lost sight of Garces-Perez while the other caught up to him.
Garces-Perez allegedly attempted to strike one of the officers with his car, causing the officer to fire his pistol.
Garces-Perez alleged that the officer then removed his keys from the ignition and told him that an ambulance was en route.
DHS’s report noted that after the incident, the illegal alien received round-the-clock medical care and pain medication. Once released from the hospital, he slept on a bed. “Aliens in ICE custody receive a higher standard of living than most prisons that hold U.S. citizens.”
Garces-Perez made his initial appearance in court before U.S. Magistrate Judge Dustin Howell and has a detention hearing scheduled for October 2.
He faces up to 20 years in federal prison if convicted of the count of assaulting, resisting, interfering, and impeding a federal officer.
ICE Homeland Security Investigations is investigating the case. Assistant U.S. Attorney Britni Verdeja is prosecuting.
DHS stated, “ICE will not be slowing down nor leaving Austin. DHS is tasked with enforcing the laws passed by Congress. We do not pick and choose which laws to enforce or where to enforce them. We will continue to enforce our nation’s laws.”
Several protests were held following the shooting, as well as walkouts by some Austin ISD students.
