Venezuelan DoorDash driver charged with assault after being shot by ICE officer in Austin

Federal prosecutors filed assault charges against Wilmer Garcés Pérez, who was wounded by an ICE officer during a traffic stop.

By Felo News Desk · Published Wed, 30 Sep 2026 00:14:25 GMT

Federal prosecutors in the Western District of Texas filed a charge of assault, resisting and impeding a federal officer against Wilber Rafael Garcés Pérez, a 28‑year‑old Venezuelan DoorDash driver who was shot by an ICE officer on Sept. 20 in Austin.

What happened

According to the criminal complaint, Garcés Pérez was driving his Toyota sedan making DoorDash deliveries when ICE agents stopped him. An ICE officer identified only as “L. G.” shot him in the upper back through the rear‑right window; the bullet remains lodged near his spine. The complaint says he struck an ICE officer’s torso with his side‑view mirror while trying to drive away, prompting a high‑speed chase through commercial and residential areas. Body‑camera footage from a second ICE officer, identified as D. F., captured part of the encounter, though that camera was turned off during the pursuit.

What the reports add

NBC News noted the assault charge was filed a day before Garcés Pérez was scheduled to appear in court to challenge his detention, and quoted U.S. Attorney Justin R. Simmons confirming the filing.
The Independent reported that D. F.’s body‑camera was turned off during the chase and that the ICE officer who fired the shot was not wearing a body‑mounted camera at the time.
An unsealed affidavit signed by a Homeland Security investigator, cited by both outlets, accuses Garcés Pérez of striking the officer with his car’s side‑view mirror before the chase.
The affidavit also describes how agents conducted a database search on the sedan, confirmed a final removal order, and noted that Garcés Pérez was hospitalized with the bullet still near his spine before being transferred to federal criminal custody near Austin.

What was said

“We are all laser‑focused on making sure that Wilber doesn’t die in custody,”

Rochelle Garza, president of the Texas Civil Rights Project, told NBC News.

“Garcia Pérez had his initial appearance in federal court Tuesday,”

U.S. Attorney Justin R. Simmons said, per NBC News.

The Independent cited the affidavit’s language that Garcés Pérez “struck an officer in the torso with his car’s side‑view mirror” and that the officer’s body‑camera was off during the pursuit.

How it came about

The shooting follows a series of ICE‑related incidents that Felo News has tracked, including the Sept. 23 release of partial body‑camera footage of the same shooting (ICE Officer Shot DoorDash Driver in Austin) and broader national scrutiny of ICE enforcement tactics (ICE Incidents Spark Nationwide Scrutiny). Lawmakers and civil‑rights groups have repeatedly called for better oversight and medical care for detainees.

Key facts

Wilber Rafael Garcés Pérez was shot by an ICE officer on Sept. 20 in Austin while making DoorDash deliveries. (nbcnews.com)
He was charged with one count of assaulting, resisting and impeding a federal officer. (nbcnews.com)
The bullet remains lodged near his spine, and he is in a wheelchair awaiting surgery. (nbcnews.com)
An ICE officer identified as “L. G.” shot him; a second officer’s body‑camera was turned off during the chase. (independent.co.uk)