In a twist that no one expected in the Wilber Garcés Pérez case, and which continues to raise doubts and questions, because federal prosecutors announced assault charges, accusing him of striking an officer with the side rearview mirror as he tried to leave the scene.
On September 29, Garcés Pérez, 28, was distributing food in Austin when he was detained by ICE agents and that detention ended with a shot to the Venezuelan’s back.
He was charged with one count of assault, resisting and obstructing a federal officer, according to a criminal complaint, the information of which has already been made public.
The young man initially appeared on September 29 before a federal court in Austin, according to the U.S. Attorney’s Office for the Western District of Texas, despite, according to his attorney, that he still has a bullet lodged in his body.
A nine-page sworn statement, drafted by a Homeland Security agent, constitutes the government’s most complete public account to date of the shooting that occurred in the state capital, an event that has sparked protests and outrage among Democrats because of the Trump administration’s hardline immigration measures.
According to the Associated Press, the document includes photographs captured by body-worn cameras, although no video was released, and the complaint does not specify whether the officer, allegedly hit by the side rearview mirror, sustained any injury.
These accusations against Garcés Pérez recall earlier accusations made by immigration agents after high-profile shootings, in which the officers similarly accused drivers of using their vehicles as weapons.
In some cases, such allegations lost credibility or were corrected after the release of body-camera footage, reviving scrutiny of the Department of Homeland Security’s (DHS) practice of stopping vehicles to effect arrests.
The Venezuelan immigrant was in U.S. Marshals’ custody after being moved from a federal detention center in South Texas, according to court documents filed by the federal prosecutors.
Separately, Garcés Pérez’s lawyers have filed a lawsuit to try to block his expulsion from the United States. The defense declined to comment immediately, while a DHS spokesperson referred questions to the Department of Justice.
If found guilty of these charges, Garcés Pérez would face a sentence of up to 20 years in prison.
