ICE Shooting in Austin Prompts Investigation and Questions Over Detainee’s Condition

Attorney Seeks Access to Wounded Venezuelan

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Heidi Ann Clark captured video from her vehicle as federal immigration officers pursued Wilber Rafael Garces Perez in Austin, Texas, before an ICE officer shot and wounded him on Sunday. Screenshot from video courtesy of Heidi Ann Clark.
Heidi Ann Clark captured video from her vehicle as federal immigration officers pursued Wilber Rafael Garces Perez in Austin, Texas, before an ICE officer shot and wounded him on Sunday. Screenshot from video courtesy of Heidi Ann Clark via facebook
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Texas Border Business

AUSTIN, Texas — Federal authorities are investigating the shooting of 28-year-old Venezuelan national Wilber Rafael Garces Perez by a U.S. Immigration and Customs Enforcement officer Sunday in North Austin, an incident that prompted protests and demands for information.

Austin officials said Garces Perez suffered a single gunshot wound to the upper torso and was taken to a hospital in serious but stable condition. His attorney, Kate Lincoln-Goldfinch, said he was later released from the hospital and transferred to federal immigration custody.

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See the gallery below for images form the video captured by Heidi Ann Clark.

The Texas Tribune reported that Texas Department of Public Safety troopers received a request from ICE at about 12:50 p.m. to assist with a pursuit involving a blue Toyota Corolla. DPS spokesperson Sheridan Nolen told the Tribune that the shooting occurred before state troopers arrived.

Kate Lincoln-Goldfinch, immigration attorney representing Wilber Rafael Garces Perez. Courtesy photo

“Once they arrived, DPS Troopers immediately began assisting partner law enforcement agencies in performing medical treatment on the driver of the Toyota Corolla,” Nolen told the Tribune.

The Tribune also reported, citing Lincoln-Goldfinch, that Garces Perez was released from the hospital into federal custody Sunday evening.

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Lincoln-Goldfinch said Garces Perez was making a DoorDash delivery when federal immigration officers encountered him. She told NewsNation Monday that she had been unable to locate or communicate with her client following his transfer into federal custody.

“No, that’s still the case,” Lincoln-Goldfinch said when asked whether she had received an overnight update. She said Garces Perez’s wife also had not heard from him.

Austin Mayor Kirk Watson. Courtesy photo

The attorney said she submitted notice that she represents Garces Perez and expects immigration authorities to provide his location and allow communication with him or his wife.

Garces Perez’s immigration status is disputed. The Department of Homeland Security said he entered the United States illegally and is subject to a final removal order. Lincoln-Goldfinch has said he entered legally and told NewsNation she was receiving conflicting information about his immigration case. Reuters also reported the competing accounts.

Lincoln-Goldfinch said she needs direct access to Garces Perez before determining what legal options may be available.

Questions also remain about what happened immediately before the shooting. Austin Police Chief Lisa Davis said an ICE officer shot Garces Perez following a brief foot pursuit. DPS said the shooting occurred before its troopers reached the scene.

U.S. Rep. Greg Casar, D-Texas. Courtesy photo

Homeland Security Investigations is leading the investigation with assistance from the FBI, according to DHS.

Austin Mayor Kirk Watson has called for local participation in the investigation. Austin police and Texas Rangers also plan to investigate, according to city officials.

Authorities have not publicly released a complete account of the circumstances immediately preceding the gunfire.

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