A federal judge has ordered the Venezuelan man shot by an Immigration and Customs Enforcement officer in Austin to appear in court as his lawyer fights to stop his deportation. The order came on the same day Austin police released new video showing 28-year-old Wilber Garcés Perez in his car moments after the shooting.
The video does not show the shooting itself.
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Garcés Perez’s lawyer said Tuesday he was taken to the hospital for a second time after Sunday’s shooting, but has since been returned to a federal detention facility. She said he remains in significant pain from a bullet still lodged in his back.
Deportation fight
A federal judge ordered Garcés Perez to appear in person next Wednesday, Sept. 30, as his attorneys fight his deportation.
Garcés Perez entered the U.S. in 2024 through the Biden-era CBP One program. His lawyer said he was later ordered removed after missing a hearing because the notice went to an old address.
The Travis County District Attorney’s Office also sent a letter Tuesday to Homeland Security Secretary Markwayne Mullin and Acting ICE Director David J. Venturella, asking them to halt Garcés Perez’s removal while local and state investigations into the shooting continue.
“If criminal charges are filed in Travis County in relation to the shooting, the State of Texas expects that Mr. Garces Perez’s testimony would be necessary in any subsequent prosecution,” D.A. José Garza wrote in the letter. “Mr. Garces Perez’s ability to participate in the ongoing investigation or any future prosecution related to this incident, however, will be severely hindered if Mr. Garces Perez is removed from the United States.”
Shooting officer wasn’t wearing body camera
There may be no body-camera video showing the shooting itself. NBC News reports the ICE officer who shot Garcés Perez had been issued a body camera but wasn’t wearing it at the time.
Another ICE officer was wearing a body camera, according to the reports, but DHS officials said that footage did not capture the shooting.
Austin Police Chief Lisa Davis released separate footage Tuesday from an off-duty officer who captured parts of the encounter on his personal dash camera and cellphone, including the sound of three gunshots. Davis said the officer then alerted colleagues, helping police respond quickly.
Davis is asking anyone with video of the encounter to turn it over to investigators as they try to piece together what led to the shooting. No Austin police officers were involved.
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