Wilber Rafael Garcés Pérez a 28-year-old Venezuelan who entered the United States two years ago, was delivering food for DoorDash on a sunny Sunday afternoon when an unmarked black SUV began to follow him on U.S. 183 near Anderson Square. According to his attorney, Kate Lincoln-Goldfinch, the driver realized the vehicle belonged to Immigration and Customs Enforcement (ICE), attempted a U-turn under a highway bridge, and stopped his car. Instead of pulling him over, the ICE agents allegedly sideswiped his vehicle again, exited the SUV, and fired at least one shot into the back of his neck. The bullet stayed lodged in his spine, and the driver reports that he has felt intense pain ever since.
The shooting and the chaotic scene
Witnesses near the intersection heard two gunshots and rushed to the site. One by-stander captured a short video showing a bright-blue sedan with a clear bullet hole in the driver’s side door and a man clutching his shoulder. In the clip, an ICE agent whose face was hidden by a black cloth and an Austin police officer stand beside the vehicle, answering that an ambulance was on the way. The officer’s statement conflicted with later reports that the man was taken to Dell Seton Medical Center and then swiftly transferred back into ICE custody.
Medical neglect and conditions in detention
Lincoln-Goldfinch alleges that the hospital initially denied Garcés Pérez’s presence, forcing the attorney and the victim’s wife to leave. When the hospital finally acknowledged his arrival, doctors allegedly rushed him out to satisfy ICE, saying they were “in a hurry to get you out of here.” The shooter’s bullet was never removed, and the victim says he was left on the floor of the South Texas ICE Processing Center in Pearsall, roughly 130 miles southwest of Austin, sleeping on a flat, non-adjustable bed. He reports that his communication tablet was confiscated, his ability to move his left arm deteriorated, and he was handed only Tylenol and ibuprofen for ongoing pain.
Legal maneuvers and investigative actions
On Tuesday, a federal judge issued an emergency order temporarily halting deportation proceedings against Garcés Pérez, labeling him a “material witness” in the Travis County District Attorney’s criminal investigation of the shooting. The District Attorney’s Office sent a letter to DHS and ICE leadership requesting that he remain in the country for testimony. Simultaneously, the Department of Homeland Security announced that the FBI would assist ICE in reviewing the incident. However, officials revealed that the ICE officer who fired the shots was issued a body-camera but was not wearing it at the critical moment, while a second officer’s camera captured only part of the encounter, missing the actual discharge of fire.
Additional video evidence surfaced from an off-duty Austin police officer who recorded three gunshots on his dash cam and cellphone. That footage enabled police to reach the scene quickly, and Austin Police Chief Lisa Davis has appealed to the public for any extra recordings that could clarify the pursuit preceding the shooting. Meanwhile, local protests erupted at the intersection, with demonstrators using construction barriers to block traffic; police responded with chemical agents, pepper-ball projectiles, and arrests for assault and obstruction.
Political reaction and public outcry
Representatives Joaquin Castro and Greg Casar (both D-Texas) announced plans to visit Garcés Pérez in Pearsall, demanding his immediate release and proper medical treatment. They highlighted that the victim entered the United States legally using the “CBP One” app, a virtual scheduling tool discontinued after the 2025 administration change, and that he possessed a valid work permit. According to Lincoln-Goldfinch, a missed immigration hearing—caused by an address change that never reached Garcés Pérez—resulted in an in-absentia removal order, further complicating his legal standing.
As the investigation continues, the case underscores broader concerns about the use of force by ICE agents, the adequacy of medical care for detainees, and the transparency of body-camera policies. Advocacy groups call for an independent review of the incident, while ICE maintains that its agents acted within protocol, though no formal justification has yet been released. The outcome will likely shape future enforcement practices and the scrutiny of immigration-related shootings across the United States.
