Judge grants government’s request to detain man shot by ICE in Austin

Wilber Rafael Garces Perez will remain in federal custody while a criminal investigation into his actions continues.AUSTIN, Texas (CN) — A man shot by an Immigration and Customs Enforcement agent in Austin was moved into federal criminal detention on Wednesday, following a hearing in the criminal case against him.U.S. Magistrate Judge Dustin Howell found there was probable cause Wilber Rafael Garces Perez, a 28-year-old delivery driver from Venezuela, assaulted, resisted or impeded a federal officer during a Sept. 20 confrontation that ended with him being shot in the back.In its criminal complaint, the government accuses Garces Perez of striking a federal officer, identified by his initials as L.G., with his driver-side mirror while fleeing from law enforcement. After hearing witness testimony from Homeland Security Investigations Special Agent Rick Bazan, the Department of Homeland Security’s lead investigator looking into the incident, and viewing footage of the confrontation, Howell granted the government’s motion to hold Garces Perez in federal criminal detention.“I agree with the government that the charged crime is a crime of violence and that there is a risk that the defendant will flee,” Howell said at the end of the hearing.Ten days after the shooting, Garces Perez has been held in immigration detention with a bullet still in his back. He entered the courtroom in Austin in a wheelchair with his arm in a sling.During the hearing, Assistant U.S. Attorney Britni Verdeja reviewed the events that led prosecutors to criminally charge Garces Perez. Verdeja told the judge, “The reason he is in this predicament is because he decided to flee and strike an immigration officer.”In an affidavit supporting the criminal charges, Bazan stated two federal agents, who are identified in the document by their initials, stopped Garces Perez and confronted him. During the interaction, one of the agents asked him to exit the vehicle, but Garces Perez ignored the command and asked to move his car into a parking lot, the affidavit claims.“Approximately one minute later, Garces abruptly closed the window and drove off,” Bazan said. “L.G. tried to avoid contact with the car, but Garces’ driver’s side-view mirror struck L.G. in his torso as it drove off.”Deja showed body camera footage of the interaction from one of the agents, identified as D.F. in court documents. The footage showed Garces Perez’s car driving close to officer L.G., then officer D.F. retreating to his vehicle to begin a chase. The court also saw security camera footage from a Bingo hall that showed the agents pursuing Garces Perez.Federal Public Defender Shane McMahon, representing Garces Perez, asked Bazan if L.G. said he was assaulted when the car drove away. Bazan said he had not spoken to L.G. and only interviewed D.F. and Garces Perez following the incident.In his closing argument, McMahon sought to cast doubt on whether the assault the government claims occurred ever happened.“I saw the car drive away quickly, but I did not see the officer get struck,” McMahon said, referring to the video. “I think it is telling that even the officer has not claimed to have been struck.”Verdeja, in support of her request to hold Garces Perez in detention, told the court: “There is no greater risk of flight than fleeing from officers, putting everyone else in our community in danger.”As a result of Howell’s decision, Garces Perez will be held without bond while the investigation continues. If convicted, he faces up to 20 years in a federal prison.Outside the courthouse, Kate Lincoln-Goldfinch, Garces Perez’s immigration attorney, told reporters her client’s immigration matters will continue while he remains in federal custody. Lincoln-Goldfinch also accused the government of using Section 111 of Title 18 of the United States Code, the law Garces Perez is accused of violating, to target anyone who protests, observes or opposes immigration agents.“In 2025, the Department of Homeland Security sent federal prosecutors a record 274 referrals with Section 111 as the lead charge,” Lincoln-Goldfnich said. “It increasingly looks like a tool of retaliation against anyone who scrutinizes federal immigration enforcement.”The lingering question that Garces Perez’s attorneys seemingly have no answer to is when or if he will receive medical attention to remove the bullet from his back. Lincoln-Goldfinch did not know when such a procedure might occur but said if the bullet was not removed soon, her client risks loss of mobility and sepsis.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads