Federal prosecutors in Texas have charged Wilber Rafael Garcés Pérez, a 28-year-old Venezuelan delivery driver who was shot and seriously wounded by an ICE officer in Austin earlier this month, with assaulting the same officer during the encounter.

According to NBC News, Garcés Pérez was wounded in the upper back on September 20 while making DoorDash deliveries in his car. Federal prosecutors allege he refused ICE officers' commands to exit his vehicle during what has been described as a targeted traffic stop, then sped away and struck one officer in the torso with his driver's side mirror during the pursuit.

Conflicting Accounts of the Shooting

Prosecutors say the pursuit ended when an ICE agent turned his SUV into Garcés Pérez's vehicle, causing a collision. Garcés Pérez has said that after the collision, the agent shot him in the back. His attorneys say the bullet remains lodged near his spine, which they describe as posing ongoing danger to his health.

A criminal complaint filed in the U.S. District Court for the Western District of Texas charges Garcés Pérez with one count of assaulting, resisting and impeding a federal officer — a charge that carries a potential sentence of up to 20 years in federal prison, according to UPI.

ATTORNEYS SAY THE BULLET IS STILL LODGED NEAR HIS SPINE

A Case Drawing National Attention

The shooting has drawn scrutiny in Austin and beyond as one of a string of incidents this year in which ICE officers have used force during traffic stops and enforcement actions, including against people without any prior criminal record in the country. The Austin American-Statesman reports that immigration advocates and Garcés Pérez's attorneys argue the federal charges amount to an attempt to justify the shooting after the fact, while federal officials maintain the charges reflect Garcés Pérez's own conduct during the stop, independent of his immigration status.

Garcés Pérez remains hospitalized-turned-outpatient as he continues treatment for his injuries; it is not immediately clear whether he has been taken into ICE custody pending the outcome of the federal case or released to continue medical care.

What's Next

Garcés Pérez is expected to be arraigned on the federal assault charge in the coming weeks. His attorneys have indicated they plan to challenge the government's account of the traffic stop and argue that the shooting itself — not his driving — should be the focus of any investigation. DHS has not announced a separate review of the agent's use of force.