The food delivery driver shot by ICE agents last week, Venezuelan immigrant Wilber Rafael Garcés Pérez, was charged with one count of assaulting, resisting, interfering, and impeding a federal officer on Tuesday.
The Department of Justice accused Garcés Pérez of ignoring federal agents’ instructions and driving away from them when they tried to pull him over in Austin, Texas. As he left, the DOJ claimed, his driver’s side mirror hit one of the agents in the chest. An ICE agent said that after a short, high-speed car chase, Garcés Pérez tried to hit him with his car, at which point the agent said he shot into the car and hit Garcés Pérez in the back.
Parts of the incident were captured by a body camera, according to the DOJ, but only still images have been released to the public so far. Garcés Pérez disputes the government’s account, stating that a black SUV came out of nowhere and tried to hit his car while he was in the middle of a food delivery.
Garcés Pérez said that he thought the SUV was an aggressive driver and tried to drive away, only for the SUV to ram his car and turn on its police lights after the crash. He was then shot after the car was stopped, according to The New York Times.
Since the incident, Garcés Pérez’s lawyer Kate Lincoln-Goldfinch said that he has languished in ICE’s custody without adequate medical care, having spent just three hours in a hospital before being taken into ICE’s detention center in Pearsall, Texas without being able to see his wife. A spokesperson for Lincoln-Goldfinch said in a statement Tuesday that the bullet is still lodged in Garcés Pérez’s body even after nearly nine days.
“Rather than provide the life saving medical care he needs, D.H.S. and the government are playing games with his life,” the statement said.
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