Judge Orders Venezuelan Man Shot by ICE Officer in Austin Held Before Trial on Federal Assault Charge
Wilber Rafael Garcés Pérez, 28, was shot in the upper back after a Sept. 20 traffic stop in North Austin. He faces up to 20 years if convicted. A magistrate judge ruled Sept. 30 that he is a flight risk but not a danger to the community, and his lawyer says the bullet was removed in surgery on Oct. 1.
A Bullet, a Charge, and an 11-Day Wait
On September 20, 2026, an ICE officer shot Wilber Rafael Garcés Pérez in the upper back after a traffic stop in North Austin[1][5]. Garcés Pérez, 28, is a Venezuelan immigrant who was out making DoorDash deliveries at the time[5][24]. He drove off after the stop, and officers chased him through nearby streets before one of them fired[3][7].
He spent the next 11 days in custody with the bullet still in him. His lawyers say surgeons finally removed it on October 1[4][16]. Nine days before that, on September 30, a federal magistrate judge had already ordered him held without bond, ruling he was a flight risk but not a danger to anyone[1][2]. He is now charged with assaulting a federal officer, a crime that carries up to 20 years in prison[1][3].
Two things about this case are true at once, and they don't fit together easily. He was shot in the back while, by his own account, trying to drive away. And federal prosecutors say that same car was used to try to hit an officer. Both claims can't fully be right, and which one a court believes will decide whether the next 20 years of his life look very different.
What ICE Says Happened, and Why the Stop Wasn't Random
Federal investigators say Garcés Pérez already had a final order of removal, meaning an immigration judge had ordered him deported[5]. DHS first described the September 20 stop as a "targeted vehicle stop" tied to that order[5]. But testimony from the lead investigator at the September 30 hearing complicated that picture. Agents, he said, were running "random" license-plate checks around Austin, and one of those checks flagged the removal order before officers chose to arrest him at a traffic stop[25].
From there, the government's account gets more serious. The criminal complaint, written by Homeland Security Investigations (HSI) Special Agent Rick Bazan, says Garcés Pérez drove off and struck an officer with his car's side mirror[3][5]. It goes further: he later tried to hit an officer with the vehicle, and that officer fired in response[3][9]. Under federal law, using a car against an officer is treated as a weapon, which is why the charge carries the top penalty tier of up to 20 years[1][3]. If a jury doubts the car was actually aimed at an officer, both the charge and the shooting lose their justification.
This is the frame that right-leaning outlets led with. Breitbart's headline said he was "Charged with Assaulting Officer with Vehicle," stating the allegation as the lead fact[10]. Fox News put the charge first and the shooting second, following the order of the government's complaint[9]. Hot Air, an opinion blog, went further, writing that he "Got Himself Shot" — a framing that assigns blame before any court has ruled[11].
What Garcés Pérez Says Happened, and the Hole in the Evidence
Garcés Pérez's account starts in the same place but ends somewhere else. He agrees he ignored an order to get out of the car. But he says he drove off only to park it so his wife could come get it, not to flee or attack anyone[18]. He told investigators the agents' SUV hit his car first and spun it around. He says the shot came through his rear right window, hitting him in the back as he was turning away, not facing an officer[18][7].
A shot through the back supports the idea that he was leaving, not attacking — that's the core of his lawyers' case[7][18]. They also say the government held a wounded man for 11 days with a bullet still in his back, risking what they called "permanent immobility and sepsis," before he finally got surgery on October 1[4][12].
One fact cuts against the government here in a way neither side disputes: the officer who fired wore no working body camera, and the complaint never explains why[14][18]. It gets more specific than that. Agent Bazan testified he never even asked the shooting officer why, and no federal investigator interviewed that officer directly[25]. The one camera that did record, worn by a different officer, shows two agents standing at Garcés Pérez's window before he drove off. That detail undercut an early claim from his legal team that he didn't realize the men at his window were agents[6][7].
Left-leaning outlets built their coverage around this sequence: he was shot, and only afterward charged. MS NOW's headline and CBS News's both led with him as "shot by ICE" before mentioning the assault charge, framing him as the one acted upon rather than the one acting[8][12]. The Trotskyist World Socialist Web Site went furthest, calling him an "ICE victim" outright and stating that he was denied medical care as settled fact, even though surgery did happen on October 1[4][13].
Two Custody Tracks, and Why the Judge Said Yes to One and No to the Other
Understanding what happens next means understanding that Garcés Pérez is now in two separate legal systems at once. A final order of removal is a ruling from an immigration judge that someone must be deported; ICE can act on that order whenever it wants[5]. A federal criminal charge is a completely different track, with its own judge, its own trial, and its own timeline[1][2].
At a detention hearing, a judge asks two separate questions: will this person show up to court, and are they a danger to anyone? A "yes" to either one is enough to justify holding someone before trial. Magistrate Judge Dustin M. Howell said no on danger but yes on flight risk, calling Garcés Pérez's earlier flight from agents "strong proof" he might run again[1][2]. That single finding is what moved him out of ICE's immigration detention system and into ordinary federal criminal custody[1][17]. It also means his deportation can't go forward until the criminal case against him is finished[1][17][21].
Critics of the charge argue that it functions as a shield for the officer's account, since a conviction would effectively validate the government's version of the shooting. Prosecutors respond that they are applying the same law that protects any federal officer from being struck by a vehicle, regardless of who the driver is[3][10]. Both things can be true: the charge is ordinary enforcement of an existing statute, and it also happens to build a court record out of the officers' side of events first.
A City Watching an Agency Investigate Itself
The shooting happened on a public street in North Austin, and that has made it a local political flashpoint, not just a federal legal matter. Austin's Democratic mayor, Kirk Watson, condemned the shooting and publicly questioned whether an investigation led by ICE's own agents could be trusted, saying "Austinites have a right to feel safe in their city"[18]. Protesters have rallied against ICE operations in the city since the shooting[18].
That question about trust has a concrete basis. The agency investigating the shooting is Homeland Security Investigations, which is ICE's own investigative arm, working with FBI help[5]. The officer who pulled the trigger was also ICE. That means the agency examining what happened and the agency whose officer did the shooting are, in effect, the same one.
The Austin Police Department, a separate local agency, released its own video of the moments before Garcés Pérez drove off. That footage became important evidence against the defense's own early account, not for it — a reminder that an independent source of footage can cut either way[6][7]. The city has no power to run the federal investigation or control the prosecution. Its influence here is political pressure and whatever records it chooses to release on its own[6][18].
What's Still Missing
Spanish-language outlets covering the case have leaned hardest on the one fact that most complicates the government's account: no camera recorded the shot itself. La Opinión's headline put it plainly, noting the shooter "no llevaba cámara" — wore no camera[14]. The Austin American-Statesman, a local paper, took a more measured approach, testing both the government's and the defense's claims against the available video rather than adopting either[7].
That gap is the heart of what's unresolved. One officer's camera caught the lead-up to the stop. No camera caught the moment the gun went off[6][18]. Neither side has footage of the single second the entire case turns on.
Garcés Pérez remains in federal custody, facing up to 20 years in prison if convicted[1]. His lawyers say the bullet is out, but they've warned he may not fully regain his mobility[1][2][4]. His deportation order still stands, waiting on a criminal case that hasn't yet gone to trial[1][5][17]. Whether the car in that encounter was a weapon or an escape attempt is still, for now, a question only a jury will answer.
Summary
On Sept. 20, 2026, an Immigration and Customs Enforcement (ICE) officer shot Wilber Rafael Garcés Pérez, 28, a Venezuelan immigrant, after a traffic stop in North Austin[5][20]. ICE says it stopped him because an immigration judge had already issued a final order of removal, meaning a final deportation order[5]. Federal prosecutors then charged him with assaulting, resisting, interfering with and impeding a federal officer. That charge carries up to 20 years in prison[1][3].
On Sept. 30, U.S. Magistrate Judge Dustin M. Howell ordered him held until trial. The judge said he did not believe Garcés Pérez was a danger to the community. But he called the earlier flight from ICE agents "strong proof" that Garcés Pérez might not come back to court[1][2]. So Garcés Pérez is now in federal criminal custody, not immigration detention[1][17]. He appeared in court in a wheelchair with the bullet still in his back. His lawyer says surgeons removed it on Oct. 1, eleven days after the shooting[4][16].
The main dispute is what happened in the seconds before the shot. The government says he drove away from the stop, hit one officer with his side mirror, and later tried to hit an officer with his car, who then fired[3][5]. Garcés Pérez told investigators a different story. He says the agents' SUV hit his car, spun it around, and an officer then fired through his back right window[18][7]. The officer who fired was not wearing a working body camera[14][18]. Austin police video shows two agents at his window before he drove off. That cuts against his lawyer's first claim that he did not know they were agents[6][7].
The Event
On Sept. 20, 2026, ICE officers stopped Wilber Rafael Garcés Pérez's car in North Austin. He was making DoorDash deliveries at the time[5][24]. He drove away, and the officers chased him through commercial and residential streets. The chase ended when an ICE officer shot him in the upper back[3][7]. He was charged on about Sept. 29, ordered held without bond on Sept. 30, and had the bullet removed in surgery on Oct. 1[3][1][4].
Undisputed Facts
- Garcés Pérez, 28, is a Venezuelan immigrant. An ICE officer shot him on Sept. 20, 2026, after a traffic stop in North Austin[1][5].
- DHS says he had a final order of removal from an immigration judge, and that the stop was a "targeted vehicle stop"[5]. At a Sept. 30 hearing, the lead investigator testified that agents first identified him while running random license-plate checks around Austin, which flagged the removal order, and then chose to arrest him at a traffic stop rather than at the restaurant where they first spotted him[25].
- He is charged with assaulting, resisting, interfering with and impeding a federal officer, which carries up to 20 years in prison[1][3].
- Garcés Pérez admits he ignored an order to get out of the car and drove off. He says he wanted to park it so his wife could pick it up[18].
- The officer who fired was not wearing a working body camera. The criminal complaint does not explain why, and the investigating agent testified he never asked the officer, who was not interviewed directly by federal investigators[14][18][25].
- On Sept. 30, Magistrate Judge Dustin M. Howell found him a flight risk but not a danger to the community, and ordered him held until trial[1][2].
- He spent 11 days with the bullet in his back. His lawyer says it was removed on Oct. 1, and he was returned to federal custody afterward[4][16].
- Homeland Security Investigations, an arm of ICE, is leading the investigation of the shooting with help from the FBI[5].
The Pressure
Strip away the moralizing and blame. What structural realities persist regardless of which narrative wins?
- Two kinds of custody, two legal tracks
- A final order of removal means an immigration judge has already ordered someone deported. ICE can arrest the person to carry it out[5]. A federal criminal charge starts a separate track. In a detention hearing, the judge asks two questions: will the person come back to court, and is the person a danger to others? A 'yes' to either can justify holding them. Here the judge said yes on flight risk and no on danger[1][2]. As a result, Garcés Pérez moved from ICE detention to criminal custody, and the criminal case has to finish before deportation can go ahead[1][17][21]. Critics say the charge protects the officer's account. Prosecutors say it is ordinary enforcement of a law against hitting officers.
- What makes this a 20-year charge
- The 20-year maximum is the top penalty tier of the federal law against assaulting officers[1][3]. That top tier is generally for cases involving a dangerous weapon or an injury. So the government's claim that he used the car against officers is what drives the charge's weight[3][10]. If a jury doubts that the car was used against an officer, the case for both the charge and the shooting gets weaker.
- The evidence gap
- One officer's camera recorded, and that officer spoke to investigators. The officer who fired wore no camera, and the filing does not say that he was interviewed[18][14]. The shot went through the rear right window into his upper back[7]. Each side reads that differently: the defense says he was leaving, and the government says the officer was in danger from the car. City video covers only the moments before and after, not the shot itself[6][14].
Material realityGarcés Pérez remains in federal criminal custody facing up to 20 years. The bullet has reportedly been removed, but his lawyers have warned that he may never fully recover his mobility[1][4][2]. His final deportation order still stands[5]. The investigation is being run by DHS's own arm, HSI, with FBI help, not by an outside agency[5]. Neither side yet has footage of the moment the shot was fired[6][18].
Narrative as a weaponDHS and prosecutors are shaping the story through the criminal complaint. It is the first detailed official account, and it turns the person who was shot into the defendant[3]. Right-leaning outlets use that document as their frame[9][10]. The defense team got its account out first, and parts of it have since been undercut by video[6][7]. Left-leaning and Spanish-language outlets stress the bullet in his back, the medical delay and the missing camera[12][14][15]. Austin's mayor and protesters want the public to see a federal agency policing itself[18]. Note that this assignment's dek said the bullet was 'still in his back.' That was true at the Sept. 30 hearing but out of date after the Oct. 1 surgery[4][16].
How Each Side Sees It
Each major actor’s view — how it frames things, its underlying incentive, and how it’s materially affected. Tap a side to read it.
Frames it asOfficers were enforcing a judge's final deportation order, not an arbitrary stop[5]. In their account, the man drove off, struck an officer with his mirror, and later tried to hit an officer with the car. That makes the car a threat to an officer's life, and officers may use force against it[3][9]. The charge does not punish him for being shot. It holds him to the same law that protects every federal officer from being hit by a vehicle. Prosecutors argued that someone who already fled once, and has family ties to Venezuela, may flee again[1][2].
WhyTo defend the legality of vehicle stops in ICE's deportation operations and to discourage people from fleeing agents. A criminal charge also sets up a formal court record built on the officers' version of events[3][10].
Impact on themThe shooting is now under investigation by ICE's own investigative arm, with the FBI assisting[5]. The missing body camera and the lack of a direct interview with the shooting officer are gaps in the evidence the agency will have to explain in court[18][25]. A conviction would support the officers' account. An acquittal or dismissal would weaken it.
Frames it asA delivery driver was shot from behind, through his rear window, while trying to get away. A bullet in the back points to an officer firing at someone leaving, not someone attacking[7][18]. His lawyers say the government charged the man who was shot while the officer who fired faces no charge so far. They say it held a wounded man for 11 days with a bullet still in him, risking "permanent immobility and sepsis," before surgery[4][12]. He told investigators the agents' SUV hit his car twice and spun it around just before the shot[18].
WhyGet him released, defeat or reduce the charge, secure medical care, and win public support. Down the road, that support could help a civil claim or keep him from being deported[2][12].
Impact on themHe faces up to 20 years in prison and remains in federal criminal custody[1]. His lawyer's early claims hurt his credibility once police video showed agents at his window before he drove off. Those claims were that he did not know the men were agents and that no lights were on[6][7].
Frames it asWhen federal agents fire on a moving car in a city neighborhood, people nearby are put at risk. The city's residents are owed an independent, transparent investigation, not one run by the shooter's own agency[18]. Austin's Democratic mayor, Kirk Watson, condemned the shooting and questioned whether an ICE-led investigation alone would be credible, saying "Austinites have a right to feel safe in their city." Protesters rallied against ICE operations in the city[18]. The Austin Police Department released its own video. That shows the city acting as a separate source of evidence, even when the footage cuts against the defense[6].
WhyTo limit how aggressive federal enforcement gets inside city limits, to answer pressure from immigrant residents, and to protect local police from being tied to ICE's actions[18][6].
Impact on themThe city has little legal power over a federal investigation or prosecution. Its role is mostly political pressure and releasing its own records[6][18].
Frames it asA person with a final deportation order ran from lawful officers and used a car as a weapon. The shooting follows directly from that choice. Supporters say that calling him just a 'DoorDash driver' or a 'victim' hides both the order and the alleged assault[10][11]. In their telling, the video that undercut his lawyer's account shows that early sympathetic coverage got ahead of the facts[6][11].
WhyTo defend strong interior immigration enforcement and push back on stories that cast officers as the aggressors[9][10].
Impact on themIf the case goes their way, it strengthens arguments for vehicle stops and for charging people who flee. If it falls apart, critics will point to it as an example of over-charging[1][12].
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The Bias Ledger average rating 5.1
The same story, as framed by outlets across the spectrum, ordered least to most biased. The bias score (1 = straight, 10 = heavily spun) is an AI assessment of that framing — click an outlet to see its track record. The tell is the word choice or omission that reveals the angle.
| Outlet | Vantage | Bias | How they frame it | The tell |
|---|---|---|---|---|
| Austin American-Statesman | U.S. local, center | 2 | Garcés Pérez says he didn't flee ICE. New video calls that claim into question. | Tests the defense's claim against independent video. It is one of the few outlets that checked either side's account against evidence. |
| Fox News | U.S. right | 4 | Venezuelan national charged with assaulting ICE officer in Austin | The charge leads and the shooting comes second. It follows the complaint's order of events: stopped, handed over his license, drove off, hit an officer with his mirror. |
| MS NOW | U.S. left | 4 | Federal prosecutors charge Venezuelan man shot by ICE with assaulting an officer | The 'shot, then charged' order invites the reader to see the charge as payback. Its headline is attributed and plain. |
| CBS News | U.S. center-left | 4 | Judge keeps Venezuelan DoorDash driver shot by ICE behind bars for alleged assault | 'DoorDash driver' puts his job first, ahead of the deportation order. 'Behind bars' is vivid, but the assault is correctly called 'alleged.' |
| La Opinión | U.S. Spanish-language, center-left (Impremedia) | 4 | Venezolano baleado por ICE es acusado de agredir a un agente: el tirador no llevaba cámara (Venezuelan shot by ICE is charged with assaulting an agent: the shooter wore no camera) | Puts the missing body camera, a verified fact, in the headline. That is the detail that most hurts the government. |
| Breitbart | U.S. right | 6 | Venezuelan Illegal Alien Shot by ICE in Austin Charged with Assaulting Officer with Vehicle | Uses 'illegal alien' as the identifier. 'Assaulting Officer with Vehicle' states the prosecution's allegation without attribution. |
| World Socialist Web Site | Trotskyist (Socialist Equality Party) | 8 | US government charges ICE victim Garces Perez, refuses medical care | 'ICE victim' settles the disputed facts. 'Refuses medical care' is stated as fact, but surgery happened Oct. 1. |
| Hot Air (Opinion) | U.S. right (opinion blog) | 9 | The Illegal Austin DoorDash Runner Who Got Himself Shot Has Surgery and a Day in Court | 'Got Himself Shot' puts all the blame on him before any fact-finding. 'Runner' mocks him. |
References
- Austin ICE shooting: Bond denied for man shot by ICE agent; he's now in federal criminal custody — FOX 7 Austin · Local TV, Fox Television Stations (Fox Corp.); local news generally center
- Bond denied for man shot by ICE in Austin — KVUE · Local ABC affiliate (Tegna); center
- Austin man shot by ICE agent charged with assault, resisting arrest — The Texas Tribune · Nonprofit newsroom funded by foundations and donors; center to center-left
- Austin man has surgery 11 days after being shot by ICE agent — The Texas Tribune · Nonprofit newsroom funded by foundations and donors; center to center-left
- A Venezuelan man was shot by ICE in Austin while doing deliveries. Here's what we know — CNN · U.S. center-left commercial network (Warner Bros. Discovery)
- Video released by Austin police appears to contradict attorneys' account of ICE shooting — KVUE · Local ABC affiliate (Tegna); center
- Garcés Pérez says he didn't flee ICE. New video calls that claim into question. — Austin American-Statesman · Local daily (Hearst); center
- Judge keeps Venezuelan DoorDash driver shot by ICE behind bars for alleged assault — CBS News · U.S. commercial network (Paramount); center-left
- Venezuelan national charged with assaulting ICE officer in Austin — Fox News · U.S. right commercial network (Fox Corp.)
- Venezuelan Illegal Alien Shot by ICE in Austin Charged with Assaulting Officer with Vehicle — Breitbart · U.S. right / populist-nationalist
- The Illegal Austin DoorDash Runner Who Got Himself Shot Has Surgery and a Day in Court — Hot Air (Opinion) · U.S. conservative opinion blog (Salem Media)
- Federal prosecutors charge Venezuelan man shot by ICE with assaulting an officer — MS NOW · U.S. left cable network (Versant)
- US government charges ICE victim Garces Perez, refuses medical care — World Socialist Web Site · Trotskyist; published by the Socialist Equality Party's international committee
- Venezolano baleado por ICE es acusado de agredir a un agente: el tirador no llevaba cámara — La Opinión · U.S. Spanish-language daily (Impremedia); center-left, immigrant-community focus
- Del disparo por la espalda al banquillo de los acusados — esdiario · Spanish (Spain) digital outlet; center-right
- Retiran bala de la espalda del Wilber Garcés; su abogada confirma que le realizan cirugía en Austin, Texas — Univision · U.S. Spanish-language network (TelevisaUnivision); center to center-left
- Man shot by ICE in Austin will stay in custody, but will not return to detention center — Texas Public Radio · Public radio (NPR member station); center-left
- Man shot by ICE in North Austin charged with assaulting federal officer — CBS Austin · Local CBS affiliate (Sinclair); center to center-right ownership
- Man shot by ICE in Austin says he has a bullet lodged in his back and was denied medical care — KUT · Austin public radio (NPR member, University of Texas); center-left
- Federal immigration agent shoots and injures man in Austin, Texas — NPR · U.S. public radio; center-left
- Austin man shot by ICE will not face immediate deportation — KUT · Austin public radio (NPR member, University of Texas); center-left
- Bullet removed from man shot by ICE agents in Austin, wife says — KXAN · Local NBC affiliate (Nexstar); center
- Venezuelan man shot by ICE agent in Austin scheduled for preliminary detention hearing Wednesday — KSAT · Local ABC affiliate (Graham Media); center
- ICE officer shoots Venezuelan man delivering food in Austin, lawyer says — NBC News · U.S. commercial network (Comcast/NBCUniversal); center-left
- ICE is checking 'random' license plates in Austin and other takeaways from Garces Perez hearing — KUT · Austin public radio (NPR member, University of Texas); center-left