# ICE Shoots Fleeing Venezuelan Driver, Then Charges Him With Assault

- URL: https://twotakes.us/stories/ice-shoots-fleeing-venezuelan-driver-then-charges-him-with-assault
- Published: 2026-09-30T01:07:46.009562+00:00
- Topics: immigration, ice, use-of-force, criminal-charges, texas

## What the left says
- Garcés Pérez was an asylum seeker with a valid work permit working as a DoorDash driver, not a dangerous criminal, when he was shot in the back during a routine traffic stop.
- He still has a bullet lodged near his spine, is reportedly in a wheelchair, in pain and in need of surgery, raising urgent concerns about his medical care while in custody.
- The charging decision came as a surprise ahead of a scheduled hearing to challenge his detention, and only a partial body-camera account has been released rather than full footage, fueling suspicion that the assault charge is being used to justify the shooting after the fact.
- Past cases show ICE claims of drivers 'weaponizing' vehicles have sometimes been undermined once body-camera footage was actually released, warranting skepticism of the government's account here.

## What the right says
- Garcés Pérez had already been issued a final removal order by a judge, meaning he was in the country unlawfully and subject to deportation at the time of the stop.
- According to the federal complaint and body-camera images, he ignored officers' orders to exit the vehicle, abruptly drove off, struck an officer with his side mirror, and led agents on a high-speed chase before allegedly trying to hit another officer with his car.
- The officer's use of force followed an escalating and dangerous situation in which agents' safety was directly threatened by the driver's actions, not an unprovoked shooting.
- Federal prosecutors have now formally charged him with assaulting, resisting, and impeding a federal officer, a serious offense carrying up to 20 years in prison if convicted.

## Common ground
- Wilber Rafael Garces-Perez, 28, was shot by an ICE officer during a September 20 traffic stop in Austin, Texas, and remains hospitalized or in custody with a bullet still lodged in his back.
- He has been formally charged with one count of assaulting, resisting and impeding a federal officer, facing up to 20 years in prison if convicted.
- A nine-page DHS affidavit with body-camera photos has been released, but full video footage of the shooting has not been made public.
- The incident has drawn significant public attention and scrutiny of ICE's use of force and reliance on vehicular stops to make arrests.

## Sources
- [Just The News](https://justthenews.com/nation/crime/venezuelan-man-shot-ice-agent-texas-charged-assaulting-officer?utm_source=justthenews.com&utm_medium=feed&utm_campaign=external-news-aggregators) (Right)
- [NBC News](https://www.nbcnews.com/news/us-news/venezuelan-man-shot-wounded-ice-agent-texas-charged-assaulting-officer-rcna600533) (Lean Left)
- [New York Times](https://www.nytimes.com/2026/09/29/us/ice-shooting-driver-austin-charges-body-camera.html) (Lean Left)
- [PBS NewsHour](https://www.pbs.org/newshour/nation/federal-prosecutors-charge-venezuelan-man-shot-in-his-car-by-ice-agent-in-texas-with-assaulting-an-officer) (Lean Left)
- [RedState](https://redstate.com/jenniferoo/2026/09/29/fafo-austin-man-shot-by-ice-has-been-charged-with-assault-of-a-federal-officer-n2207530) (Unknown)
- [The Guardian US](https://www.theguardian.com/us-news/2026/sep/29/venezuelan-man-charged-texas-ice-shooting) (Left)
- [The Hill](https://thehill.com/homenews/administration/6118592-venezuelan-national-charged-ice-assault/) (Center)
- [Washington Times](https://www.washingtontimes.com/news/2026/sep/29/venezuelan-man-shot-ice-agent-texas-charged-assaulting-officer/) (Right)

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