Federal prosecutors in Texas have charged a Venezuelan delivery driver who was shot by an Immigration and Customs Enforcement agent last week, alleging that he tried to flee officers during an attempted arrest.
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Wilber Rafael Garces-Perez, 28, faces assault charges over the September 20 incident, US Attorney Justin R. Simmons for the Western District of Texas announced on Tuesday.
Prosecutors allege Garces-Perez sideswiped an ICE officer with his car and later tried to strike another officer with the vehicle. If convicted, he could face up to 20 years in prison.
According to the complaint, Garces-Perez initially provided his driving licence when officers stopped him. He allegedly refused repeated requests to leave the vehicle but spoke in Spanish with an officer about moving and parking the car.
The conversation was described in the court documents as pleasant and not aggressive.
About a minute later, Garces-Perez allegedly closed the window and drove away. Prosecutors said the vehicle's driver's-side mirror struck an officer identified as L.G. in the torso.
The complaint also alleges that Garces-Perez later attempted to hit an officer with his vehicle.
Garces-Perez was stopped after immigration officials sought to arrest him over a final removal order.
He entered the United States in 2024 through CBP One, a programme introduced during the Biden administration that allowed migrants to schedule appointments with US authorities to seek asylum. The programme was ended by President Donald Trump after he took office.
Immigration lawyer Kate Lincoln-Goldfinch said Garces-Perez was an asylum seeker and had a valid work permit. She said he missed an immigration court hearing after the notice was sent to a previous address, after which a judge issued the removal order.
Garces-Perez was shot in the back during the September 20 encounter and was later taken into federal immigration custody. His lawyer has disputed the circumstances surrounding the shooting and has maintained that he entered the country legally.
