Wilber Rafael Garces Perez charged with assaulting a federal officer made his initial court appearance in an Austin federal court on Tuesday. The 28-year-old Venezuelan delivery driver was shot by a federal immigration agent in Texas and now faces up to 20 years in prison. The criminal complaint accuses him of striking an officer with his vehicle side mirror during a September traffic stop.

Assault Charge and Court Appearance

Federal prosecutors announced the charge on Tuesday against the Venezuelan delivery driver who was shot by a federal immigration agent in Texas. The single count accuses him of assaulting, resisting and impeding a federal officer. United States Attorney Justin R Simmons stated the driver tried to strike an officer with his car, which led the officer to fire his weapon.

The complaint did not state whether the allegedly struck agent sustained any injuries. An attorney for the driver declined to immediately comment on Tuesday. A Department of Homeland Security spokesperson referred questions to the Department of Justice. If convicted, the 28-year-old faces up to 20 years in prison.

Conflicting Accounts of the Traffic Stop

A nine-page Department of Homeland Security affidavit details the government version of the September 20 incident in the Texas capital. Agents initially saw the vehicle parked outside a restaurant with its emergency flashers activated. A database check revealed the car was registered to him and he had a final order of removal. Officers turned on their lights to execute the stop while he was making a DoorDash delivery.

Court documents describe the initial interaction as conversational with a pleasant and non-aggressive tone. The driver provided his license through a crack in the window but ignored requests to step out. He told investigators he declined to exit because he asked officers to wait until his wife could retrieve the car. About a minute later, records state he abruptly closed the window and drove off.

The affidavit includes unreleased body-worn camera screenshots showing:

• •An officer standing in front of the driver door mirror.
• •A second image of the officer resting his hands on the hood and side of the car with the mirror close to or touching his abdomen.
• •A third picture showing the vehicle pulling away.

According to the government, an officer was struck in the torso by the driver side view mirror. The unnamed officer who fired his weapon lacked a body camera, although a second officer involved in the chase wore one and arrived after the shooting. The agency previously noted nationwide field officers would have cameras by late September. Austin police released officer video last week, but it omitted the shooting and the moment the driver allegedly fled.

The driver told federal investigators an unmarked sport utility vehicle followed him and abruptly cut him off on the side of the road. He claimed a law enforcement vehicle struck his car after a brief chase, causing it to spin before an agent opened fire and shot him in the back. His attorney stated he still has a bullet lodged in his back from the September 20 shooting.

Immigration Status and Enforcement Context

The driver entered the country in 2024 using the CBP One program, which was begun under Joe Biden to allow migrants to make appointments to be considered for asylum. President Trump ended the program on his first day in office. His lawyer, Kate Lincoln-Goldfinch, stated he was an asylum seeker with a valid work permit. She explained a judge issued a deportation order after he missed an immigration court hearing because the notice was sent to a former address.

The shooting occurred amid a surge in immigration enforcement across the country during the second term of Donald Trump. The agency reported more than 50,000 monthly arrests in July and August. Officers have faced scrutiny for shootings since Trump took office in January 2025, with at least 10 being fatal. Previous incidents included a woman shot by border patrol officers in Chicago and a man shot by an agent in Minneapolis, both of whom were accused of assaulting officers before charges were dropped.

The driver remains in the custody of United States marshals after being removed from a federal detention center in South Texas. His attorneys filed a lawsuit seeking to stop his removal from the country.

The driver remains in the custody of United States marshals after being removed from a federal detention center in South Texas. His attorneys filed a lawsuit seeking to stop his removal from the country.