Wilber Garces Perez has undergone surgery 11 days after being shot by an ICE officer in North Austin. His lawyer, Kate Lincoln-Goldfinch, said he is now recovering and has spoken to his family.
Garces Perez, a Venezuelan man, was shot on Sept. 20 after fleeing from a traffic stop. He still had a bullet lodged in his back as of Thursday, when doctors removed it during surgery.
Garces Perez Shot After Fleeing a Stop
Garces Perez was stopped by an ICE officer in North Austin. Court documents say he fled from that stop. The officer shot him, and Garces Perez was taken to the hospital.
He has been held by the U.S. Marshals Service since the incident. Lincoln-Goldfinch confirmed his current status in her statement.
The Lawyers’ Statement on Public Safety
Lincoln-Goldfinch and Daniel Woodward of the Texas Civil Rights Project issued a joint press release. They detailed the circumstances of the shooting and the treatment of Garces Perez’s wife.
The lawyers said ICE would not grant Garces Perez’s wife access to the operating room. That detail is part of the broader pattern they describe: ICE officers making decisions about who gets information and who does not.
Their statement also pointed to a larger problem with ICE operations. Agents run plates on people with no criminal record, they said, and they fail to wear or activate the cameras meant to hold them accountable.
“This is a public safety issue. Federal agents cannot act as judge, jury, and executioner on our streets. We’re seeing agents run plates, make high-risk stops of people with no criminal record, and fail to wear or activate the cameras meant to hold them accountable.”
The Body Camera Issue at Wednesday’s Hearing
The question of body cameras was central to the court hearing on Wednesday. Rick Bazan, a special agent, testified about the officers involved in the shooting.
According to Bazan’s testimony, the officer who shot Garces Perez was not wearing a body camera at the time of the incident. The other officer involved had turned off his body camera prior to arriving at the scene.
The Charges Facing Garces Perez
Garces Perez faces up to 20 years in prison. The charges stem from his actions on Sept. 20.
The charges include allegations that he assaulted, resisted, interfered with, and impeded a federal officer. Those are serious accusations, and the potential penalty is severe.
His lawyer has said he is recovering and has spoken to his family. That suggests he is alive and able to communicate, which matters in a case this serious.
The Judge’s Ruling on Custody
A judge ruled that Garces Perez is a flight risk. He will remain in custody while the case moves forward.
The judge’s decision means Garces Perez stays locked up. His wife has been denied access to the operating room, and the judge’s ruling keeps him detained.
The Broader Pattern of ICE Operations
The lawyers are not arguing about one shooting. They are arguing about a pattern of behavior across ICE operations.
They cite agents running plates on people with no criminal record. They cite officers failing to wear or activate the cameras meant to hold them accountable.
Those practices are systemic, they argue, and they put everyone at risk. When officers can act without recording themselves, they say, no one is safe.
Key Points From the Lawyers’ Press Release
- ICE would not grant Garces Perez’s wife access to the operating room
- Agents run plates on people with no criminal record
- Officers fail to wear or activate the cameras meant to hold them accountable
- The officer who shot Garces Perez was not wearing a body camera
- The other officer involved had turned off his body camera prior to arriving at the scene
The shooting of Garces Perez has raised questions about how ICE operates. The lawyers have made their position clear about ICE’s accountability.
Garces Perez remains in the hospital recovering from surgery. His wife has been denied access to the operating room.
The legal fight will continue, but the damage is done. For now, the fight for justice continues.
Where the paper stands
The paper backs Wilber Garces Perez and his lawyer, Kate Lincoln-Goldfinch, and is against the U.S. Marshals Service holding him and against the officer who shot him. The officer acted alone, and the agency failed to protect the public interest by allowing him to go without a body camera. The paper is against officers acting without recording themselves, because that puts everyone at risk.
The lawyers describe a pattern where ICE officers run plates on people with no criminal record and fail to wear or activate cameras meant to hold them accountable. Those practices are systemic, and they weaken the rule of law. The paper agrees with the lawyers that this is a public safety issue.
The judge’s ruling that Garces Perez is a flight risk and that he must stay in custody does nothing to address the underlying problem of officers acting without oversight. The paper wants officers to be held to the same standards as anyone else, with cameras always on, always recording, always accountable.
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