A Venezuelan illegal alien with a final order of removal from an immigration judge is now facing federal charges for assaulting a federal officer. The Venezuelan man was shot by an Immigration and Customs Enforcement (ICE) officer at the end of a high-speed pursuit where he allegedly rammed an officer’s vehicle.
This morning, 28-year-old Wilber Rafael Garces Perez went before a U.S. Magistrate Judge in Austin, where he was formally notified that he was being charged with one count of assaulting a federal officer. Information released by the U.S. Attorney’s Office revealed that Garces Perez is accused of striking one officer with his vehicle and trying to strike an officer’s vehicle during a pursuit. If convicted, Garces is facing a possible sentence of up to 20 years in prison.
The case began on September 20, when officers from ICE’s Enforcement and Removal Operations unit conducted a traffic stop on Garces after identifying that he had a final order of removal from an immigration judge. Initially, the man stopped and provided his license to officers.
The traffic stop was targeted because officers had a final order of removal against him, according to a statement from U.S. Attorney for the Western District of Texas Justin R. Simmons. However, when authorities asked him to place the vehicle in park and step out, he drove away.
As the vehicle sped away, Garces struck an ICE agent with the side mirror of the vehicle. The man then led authorities on a high-speed chase through a residential and a commercial area. One officer caught up with Garces and tried to intercept him.
A criminal complaint obtained by Breitbart Texas claims that the man tried to use his vehicle to hit the pursuing officer, who then fired a handgun.
In the criminal complaint, the Venezuelan man denies that the ICE officer activated his emergency lights. He said the officer activated his lights after a collision with the ICE officer. He stated that he asked the officer if he could pull into a parking space but then drove away
The statement from the Department of Justice states:
According to court documents, on Sept. 20, Immigration and Customs Enforcement (ICE) Enforcement Removal Operations (ERO) officers initiated a traffic stop for Wilber Rafael Garces-Perez, 28. The stop was initiated due to confirmation of an immigration judge having issued a final order of removal on Garces-Perez.
The criminal complaint alleges that, during the stop, Garces-Perez provided the ICE ERO officers with his driver’s license. After verifying Garces-Perez was the person they were seeking, the officers asked Garces-Perez to place his vehicle in park and step out—orders which he allegedly ignored. The complaint alleges and body camera footage shows that after further direction from the officers in Spanish, Garces-Perez abruptly closed his window and drove off, striking one of the ICE ERO officers in the torso with the driver’s side-view mirror.
The ICE ERO officers pursued Garces-Perez in their vehicles with their emergency lights and sirens activated. The complaint alleges Garces-Perez led them on a high-speed chase through a commercial and residential area. While one of the officers lost sight of Garces-Perez during the pursuit, the other ICE ERO officer caught up to Garces-Perez, who allegedly attempted to strike the officer with his car, causing the officer to fire his pistol.
As Breitbart Texas has reported, the case quickly sparked protests over ongoing immigration enforcement operations. Protesters and activist groups have also been pushing false information surrounding the case as a way to further demonize law enforcement. Some claims say Garces had legal status at the time of the arrest, while others say he was profiled.
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(Randy Clark/Breitbart Texas)
Ildefonso Ortiz is an award-winning journalist with Breitbart News Foundation. He co-founded Breitbart News Foundation’s Cartel Chronicles project with Brandon Darby and senior Breitbart management. You can follow him on Twitter and on Facebook. He can be contacted at Iortiz@breitbart.com.
Bob Price is the Breitbart Texas-Border team’s associate editor and senior news contributor. He is an original member of the Breitbart Texas team. Price is a regular panelist on Fox 26 Houston’s What’s Your Point? Sunday morning talk show. He also serves as president of Blue Wonder Gun Care Products.
Brandon Darby is the managing director and editor-in-chief of Breitbart Texas. He co-founded Breitbart News Foundation’s Cartel Chronicles project with Ildefonso Ortiz and senior Breitbart management. Follow him on Twitter and Facebook. He can be contacted at bdarby@breitbart.com.