True Crime
Garcés Pérez made his first federal appearance on an assaulting-an-officer count after the Austin ICE shooting.
On Tuesday, Sept. 29, 2026, Wilber Rafael Garcés Pérez, 28, appeared in federal court in Austin on one count of assaulting, resisting, interfering with, and impeding a federal officer after an ICE officer shot him on Sept. 20. A detention hearing was set later in the week.
By Crime Talk Network Staff Writer ·
A federal criminal complaint and a first appearance are process. They are not a conviction. On Tuesday, Sept. 29, 2026, Wilber Rafael Garcés Pérez, 28, appeared in federal court in the Western District of Texas on one count of assaulting, resisting, interfering with, and impeding a federal officer. Prosecutors say the count carries up to 20 years if he is convicted.
According to the criminal complaint, as reported by CBS Austin, the Texas Tribune, KUT, and the Justice Department, ICE officers stopped Garcés Pérez in North Austin on Sept. 20, 2026, because an immigration judge had issued a final order of removal. Prosecutors allege he handed over his driver's license, ignored orders to put the car in park and step out, drove off, and struck an officer in the torso with a side mirror before a chase ended with an ICE officer firing and hitting him in the upper back. Garcés Pérez gave investigators a different account, saying an officer's SUV cut him off and hit his car, that he wanted to park so his wife could pick up the car, and that the officer fired into his back right window. Those are competing accounts in charging papers and statements. They are not findings.
He was taken to a hospital, then transferred to an ICE detention center in Pearsall with the bullet still lodged in his back, according to reporting. Attorneys say he entered the United States legally through the CBP One app in 2024, applied for asylum, and missed a hearing after notice went to an old address. DHS has said his work authorization expired in 2025. Immigration context and a removal order are not a finding on the federal assault count.
On Tuesday he made his first appearance on the federal charge. Reporting places a detention hearing later in the week, with CBS Austin citing Friday and the Texas Tribune citing Wednesday. His lawyers have also pursued habeas relief and medical care. A first appearance, a detention setting, and a habeas fight are process. Garcés Pérez is presumed innocent.
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Reporting noted by WBRC, Tuscaloosa Thread, Calhoun Journal, and Tuscaloosa Patch.
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Reporting noted by Chicago Police Department, ABC7 Chicago, and CBS Chicago.