Wilber Rafael Garces Perez, a Venezuelan man shot by a U.S. Immigration and Customs Enforcement officer in Austin on Sept. 20, has pleaded not guilty to a federal charge of assaulting a federal officer while resisting arrest. He entered the plea in a court filing on Tuesday, about a week after a grand jury indicted him on one count. He also waived his appearance at an arraignment hearing scheduled for Thursday.
The U.S. Justice Department has said Garces Perez could face up to 20 years in prison if convicted. According to his immigration attorney, Kate Lincoln-Goldfinch, he entered the country legally under the Biden administration through the CBP One app and applied for asylum. She said an immigration judge issued a deportation order after he missed a court appearance, and that the notice had been sent to the wrong address. She also said his work permit expired in December 2025.
Garces Perez was shot after he was pulled over while making a food delivery. At a Sept. 30 hearing before U.S. Magistrate Judge Dustin M. Howell, Homeland Security Special Agent Rick Bazan, who investigated the events leading up to the shooting, testified and gave details that had not been public before.