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- calendar_today October 28, 2026
Wilber Rafael Garcés Pérez Pleads Not Guilty to Assault Charge
Wilber Rafael Garcés Pérez, a Venezuelan national who was shot by a U.S. Immigration and Customs Enforcement (ICE) officer in Austin, Texas, last month, has entered a not guilty plea to a federal charge of assaulting a federal officer while resisting arrest. The plea was submitted in a court filing on Tuesday, following a grand jury indictment for one count of assaulting, resisting, impeding, and obstructing a federal officer.
Incident Overview: ICE Shooting in Austin
The shooting occurred on September 20, after Garcés Pérez was pulled over while making a food delivery in Austin. According to immigration attorney Kate Lincoln-Goldfinch, Garcés Pérez had entered the United States using the CBP One App under the Biden administration and applied for asylum. However, a deportation order was later issued by an immigration court after he missed a hearing due to the notice being sent to an incorrect address. His work permit expired in December 2025, Lincoln-Goldfinch stated.
Body Camera Footage and Court Testimony
The events leading up to the shooting were discussed in detail during a federal bail hearing on September 30, presided over by U.S. Magistrate Judge Dustin M. Howell. Department of Homeland Security (DHS) Special Agent Rick Bazan, who filed the criminal complaint against Garcés Pérez, was the only witness called at the hearing. Bazan testified that two ICE agents stopped Garcés Pérez after he picked up a food delivery order and began driving. Body camera footage from Agent D.F. was presented in court; it displayed ICE agent L.G. (wearing a ski mask) identifying himself and instructing Garcés Pérez to exit his vehicle. Garcés Pérez stated he wanted to park somewhere else and call someone about his vehicle before quickly driving away. Bazan said that as Garcés Pérez pulled off, his car's side mirror swiped agent L.G., but the footage did not clearly show contact due to D.F. moving away.
Questions About Body Cameras and Investigation Procedures
During the hearing, public defender Shane McMahon questioned Special Agent Bazan regarding why agent L.G., who fired the shot, was not interviewed and why L.G. was not wearing a body camera. Bazan replied, "We haven't spoken to him," and noted that a separate investigation into the shooting was being conducted by other DHS investigators. Bazan also admitted he did not ask agent D.F. why the body camera was turned off after the initial stop. These aspects of the investigation remain unresolved as the case continues.
Court Ruling: Flight Risk and Custody
At the conclusion of the September 30 hearing, Judge Howell found that Garcés Pérez was a flight risk and ordered him to remain in federal custody. If convicted of the federal assault charge, Garcés Pérez could face up to 20 years in prison, according to the U.S. Department of Justice.
Pending Immigration Matters
The criminal case has put Garcés Pérez’s petition for release and protection against deportation on hold. He is seeking the opportunity to apply for a U-visa, which provides immigration status for victims and witnesses of crime. The Travis County district attorney's office has also requested that federal officials not deport Garcés Pérez, citing his role as a material witness in an ongoing criminal investigation.
Source: feeds.texastribune.org.
