AUSTIN, Texas — A federal court hearing Wednesday revealed new details about the Sept. 20 shooting of Venezuelan delivery driver Wilber Garces Perez during an Immigration and Customs Enforcement operation in North Austin, including how ICE agents identified him and what investigators know about the confrontation.
Security guards brought Garces Perez into the Austin federal courtroom in a wheelchair as the court considered whether federal assault and resisting charges against him would proceed. The judge ruled that the case could continue.
Garces Perez faces allegations that he struck an ICE agent with the side mirror of his car while fleeing an immigration stop shortly before another ICE agent shot him.
The hearing also revealed details about ICE enforcement practices and the evidence investigators used to support the charges.
ICE agents conduct random license plate checks
Homeland Security Investigations Special Agent Rick Bazan testified that ICE enforcement officers routinely drive around Austin and run license plates to identify people with immigration enforcement orders.
Bazan investigated the initial encounter between Garces Perez and two ICE officers, although he was not at the scene.
He said the officers involved in the Sept. 20 incident were conducting random checks when they saw Garces Perez picking up a food delivery order from a restaurant in his blue Toyota Corolla.
“They’re out there everywhere running license plates,” Bazan said.
During cross-examination, defense attorney Shane McMahon asked whether ICE agents can use government databases to check the immigration status associated with license plates.
“That’s right,” Bazan said.
Bazan also said the officers chose to stop Garces Perez after he left the restaurant rather than arrest him there because they feared he might flee on foot and because other people were present at the restaurant.
Investigator has not interviewed agent who shot Garces Perez
Bazan prepared the federal criminal complaint against Garces Perez after interviewing the driver and one of the ICE officers involved in the initial traffic stop.
The complaint identifies that officer as “D.F.” The officer who later shot Garces Perez, identified as “L.G.,” did not participate in Bazan’s interview.
Bazan testified that his team has not interviewed L.G. because a separate investigation covers the shooting.
He said investigators relied partly on footage from D.F.’s body camera when preparing the complaint.
Bazan also testified that L.G. had access to body-camera equipment but did not wear one during the incident. He said he did not know why.
Body camera footage leaves key moments unclear
Federal prosecutors presented about eight minutes of footage from D.F.’s body camera as evidence supporting the charges. The court has sealed the footage from public view, although people inside the courtroom watched it.
The video begins with the initial immigration stop. An ICE officer who did not wear a body camera stands near the driver’s side window and speaks to Garces Perez in Spanish.
Garces Perez then drives away despite the officer’s commands.
At that point, D.F.’s camera turns away from the vehicle, preventing viewers from seeing whether the car’s side mirror struck the officer.
Prosecutors presented a still image from the footage that they said showed the mirror making contact with the officer’s torso.
Bazan initially testified that the image showed contact. Under cross-examination, however, he acknowledged that contact was only “possible” because the officer’s hand partially blocked the mirror.
Prosecutors said other images more clearly showed contact but did not submit them during the hearing.
The video later shows D.F. pursuing Garces Perez and requesting assistance from the Texas Department of Public Safety. D.F. first called a DPS employee he knew and then contacted a DPS dispatcher.
D.F. eventually pulled over and turned off his body camera.
According to the criminal complaint, D.F. later spoke with L.G. by phone. L.G. allegedly told him that he shot Garces Perez because he feared the driver would hit him with his vehicle.
The body camera did not record that conversation because D.F. had already turned off the camera.
McMahon asked Bazan during cross-examination whether he had asked D.F. why he turned off the camera.
“You could have asked but you didn’t?” McMahon asked.
“No,” Bazan responded.