U.S. Attorney's Office for the Western District of Texas says the complaint alleges Garces Perez tried to hit an officer with his car, causing the officer to fire
U.S. Attorney's Office for the Western District of TexasFederal prosecutors' office for the Western District of Texas, announcing a criminal charge (U.S. Attorney Justin R. Simmons made the announcement)
The U.S. Attorney's Office for the Western District of Texas said in a press release that the criminal complaint alleges Wilber Rafael Garces Perez drove off from an ICE traffic stop, striking an officer with his side-view mirror, led officers on a high-speed chase, and tried to strike one officer with his car, causing that officer to fire his pistol.
“The complaint alleges and body camera footage shows that after further direction from the officers in Spanish, Garces-Perez abruptly closed his window and drove off, striking one of the ICE ERO officers in the torso with the driver’s side-view mirror. The ICE ERO officers pursued Garces-Perez in their vehicles with their emergency lights and sirens activated. The complaint alleges Garces-Perez led them on a high-speed chase through a commercial and residential area. While one of the officers lost sight of Garces-Perez during the pursuit, the other ICE ERO officer caught up to Garces-Perez, who allegedly attempted to strike the officer with his car, causing the officer to fire his pistol.”
Official statement
Reporting
Where this statement fits
Should ICE's use of force in the shooting of Wilber Rafael Garces Perez be condemned or condoned?
On September 20, 2026, an ICE officer shot and wounded Wilber Rafael Garces Perez, a 28-year-old Venezuelan national working as a DoorDash driver, during an immigration enforcement operation in North Austin, Texas. He was taken to Dell Seton Medical Center in serious but stable condition and later transferred into ICE custody. Garces Perez says an unmarked SUV struck his vehicle before he realized the people pursuing him were immigration officers, that he asked an agent if he could stop somewhere safer than under a freeway overpass, and that he was shot after the agent refused. On September 29, federal prosecutors charged him with assaulting and resisting a federal officer. In a sworn affidavit, they say he refused commands to get out of his car and drove off, hitting an officer with his side mirror, and that after a brief chase one officer says Garces Perez tried to hit him with the car, and the officer fired. DHS has confirmed the shooting and said Garces Perez was subject to a final removal order. The dispute is whether the use of force against him was justified.
Source and context
Official statement
About this source
Press release of the U.S. Attorney's Office for the Western District of Texas, dated September 29, 2026, announcing the federal charge against Wilber Rafael Garces-Perez.
Archived copy (opens in a new tab)Reporting
About this source
Associated Press report, published September 29, 2026 and carried by PBS NewsHour, on the criminal complaint and affidavit against Garces Perez.
Archived copy (opens in a new tab)Before the quotation
An ICE officer shot Garces Perez in Austin on September 20. The office announced the federal charge on September 29, the day he first appeared in federal court. The release says the stop began because an immigration judge had issued a final order of removal against him.
After the quotation
The Associated Press reported that, according to the affidavit, Garces Perez told investigators a law enforcement SUV struck his car after a brief chase and that an agent then fired, and that the officer who fired was not wearing a body camera. It also reported that the affidavit includes screenshots from body-worn camera footage but that no video was released. The release says a detention hearing is set for October 2.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case asks whether the ICE officer's use of force against Garces Perez was justified. The release does not itself call the shot justified. It gives the office's account, taken from the complaint, that Garces Perez tried to strike an officer with his car, causing the officer to fire, which presents the shot as a response to an attempted strike, so we labeled it Defended or excused. The release adds that a criminal complaint is only an allegation.
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- People and groups discussed
- Wilber Rafael Garces Perez, U.S. Immigration and Customs Enforcement
More from this case
Read the full caseKate Lincoln-Goldfinch criticizes ICE violence and medical care in the Garces Perez case
“This case really highlights the violence that we see with ICE on the streets and the bad medical care that people get in immigration detention.”Read statement
Lincoln-Goldfinch criticizes ICE oversight after Garces Perez's surgery
“His case demonstrates the dangers of giving an agency enormous resources and enforcement power without adequate oversight and accountability.”Read statement
Casar demands all footage from the Garces Perez shooting
“Secretary Mullin keeps making promises while his agents keep shooting people. Secretary Mullin must release every second of footage from that scene, so we can know the truth.”Read statement
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The Dispute Index. "U.S. Attorney's Office for the Western District of Texas says the complaint alleges Garces Perez tried to hit an officer with his car, causing the officer to fire". First published: 2026-09-30. Last updated: 2026-09-30. https://disputeindex.com/events/3504-the-u-s-attorney-s-office-for-the