Judge grants government’s request to detain man shot by ICE in Austin

A federal magistrate judge in Austin ordered Wilber Rafael Garces Perez, a 28-year-old Venezuelan delivery driver, held without bond on charges of assaulting a federal officer, ten days after he was shot in the back by an ICE agent during a confrontation. Garces Perez appeared in court in a wheelchair with a bullet still in his back and his arm in a sling.

Prosecutors say his car's side mirror struck an agent as he drove off after ignoring commands to exit the vehicle; his public defender argued body camera footage shows no clear evidence of the officer being hit, noting the officer himself has not claimed to have been struck. The judge nonetheless found probable cause and cited flight risk in ordering detention.

His immigration attorney said the law used to charge him, Section 111, was used in a record 274 federal referrals in 2025 and increasingly functions as a tool against people who challenge immigration enforcement. Attorneys say the still-unremoved bullet puts Garces Perez at risk of lost mobility or sepsis, with no timeline yet for treatment.

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