Judge keeps immigrant delivery driver shot by ICE in custody for alleged assault
AUSTIN, Texas — A Venezuelan delivery driver who was shot in his car by a federal immigration agent in Texas will remain in custody on charges that he assaulted an officer while trying to evade arrest, a federal judge ruled Wednesday.Judge Dustin Howell said that the case against Wilber Rafael Garcés Pérez, 28, should proceed after prosecutors presented body-worn camera footage of the encounter in Austin, in which Garcés Pérez allegedly struck a U.S.Immigration and Customs Enforcement officer with his driver’s side mirror.Garcés Pérez is charged with one count of assaulting, resisting and impeding a federal officer and faces up to 20 years in prison if convicted.
His case has sparked widespread outrage across the Texas capital city and brought renewed criticism from Democrats of President Donald Trump’s aggressive crackdown on immigration.With a bullet still lodged in his back, Garcés Pérez appeared in court in a wheelchair.His attorneys said he still urgently needs medical care, 10 days after being shot.
He also wore a sling on his arm and needed help putting on a headset to listen to a translation of the proceedings.The defense called the charges against Garcés Pérez “retaliation” and argued that the camera footage was inconclusive because it didn’t fully capture the moment when he allegedly tried to flee.Wilber Rafael Garcés Pérez.Courtesy Attorney Kate Lincoln-GoldfinchThe hearing also included testimony from Homeland Security Investigations Special Agent Rick Bazan, who signed the criminal complaint charging Garcés Pérez with assault.The defense argued that Bazan, whose agency is the investigative arm of ICE, could not confirm whether the ICE agent was actually hit by the car mirror since no federal investigators interviewed the agent directly.
Bazan also couldn’t explain why the officer allegedly struck by the mirror was not wearing a body-worn camera.Footage provided Wednesday in court shows officers pulling Garcés Pérez over ...