Venezuelan driver shot by ICE officer in Austin charged with assault

A Venezuelan delivery driver shot by an Immigration and Customs Enforcement officer in Austin, Texas, has been charged with assaulting a federal officer, New York Times reports. Wilber Rafael Garces Perez, 28, appeared in federal court Tuesday after prosecutors accused him of striking an ICE officer with his vehicle’s side mirror while fleeing a traffic stop on September 20.

A federal complaint alleges Garces Perez later tried to hit the officer with his car, prompting the agent to fire. If convicted, he faces up to 20 years in prison. He gave investigators a different account, saying an ICE vehicle struck his car, causing it to spin before the officer opened fire.

The shooting officer wore no body camera, while another officer’s camera captured part of the encounter. Garces Perez’s attorneys say he has a bullet lodged in his back. He remains in ICE custody while lawyers seek to halt his deportation. A federal judge will hear the case Wednesday.