Federal prosecutors announced an assault charge on Tuesday against Wilber Rafael Garcés Pérez, a 28-year-old Venezuelan delivery driver. He is accused of striking a federal immigration officer with his side mirror while trying to drive away in Texas.
Garcés Pérez was shot in his car by a federal immigration agent on 20 September. He made an initial court appearance in an Austin federal court on Tuesday, according to the US attorney’s office in the western district of Texas. His attorney has stated that he still has a bullet lodged in his back from the shooting.
A nine-page affidavit from a Department of Homeland Security (DHS) agent provides the government’s account of the incident. It includes photos from body-worn cameras, but no video has been released. The complaint did not specify if the officer allegedly struck by the side mirror sustained any injuries.
Garcés Pérez faces up to 20 years in prison if convicted. His attorneys have also filed a lawsuit seeking to prevent his removal from the US.