Austin ICE shooting: Bond denied for man shot by ICE agent; he's now in federal criminal custody
Man shot by ICE agent attends immigration hearing
The man who was shot by an ICE agent in North Austin appeared in federal court on Wednesday. Wilber Perez was pulled over by ICE, drove away on a short chase and was then shot in the back. The hearing on Wednesday focused on his alleged assault on an officer before shots rang out
AUSTIN, Texas - The man who was shot by an ICE agent in North Austin appeared in federal court on Wednesday.
28-year-old Wilber Garces Perez was charged with assaulting, resisting, interfering with, and impeding a federal officer.
On Wednesday, his bond was denied, meaning he'll now be in federal criminal custody, instead of federal immigration custody.
Austin ICE shooting: Wilber Perez in federal court
The backstory:
The hearing on Wednesday focused on his alleged assault on an officer before shots rang out.
At the United States Courthouse in Downtown Austin, he attended a federal criminal bail hearing. For several hours, the court reviewed evidence from the moments leading up to the shooting, as well as questioning a Department of Homeland Security investigator, with a heavy focus on the initial traffic stop conducted by ICE agents.
Federal prosecutors allege that on Sept. 20, federal agents stopped Perez after confirming he had a final order of removal. The officers said that Perez gave them his driver's license but ignored repeated requests to put his vehicle in park and step out.
FULL: Attorney for man shot by ICE agent speaks out
The attorney for the man who was shot by an ICE agent in North Austin on Sept. 20 gave an update to the press. A hearing took place on Wednesday over the man's immigration status.
The federal complaint says the officers gave him additional instructions in Spanish before he abruptly closed his windows and drove away. It was during this time that prosecutors claim the driver's side mirror struck one of the officers in the torso.
Much of Wednesday afternoon was spent reviewing the body camera footage of one of the ICE agents who conducted the traffic stop. The angle was from the agent assisting in the stop, not the federal officer who was allegedly struck by the vehicle. It was announced in court that footage of the incident would not be made available to the public.
Immigration hearing for man shot by ICE agent in Austin
Attorneys for the man shot by an ICE agent in North Austin spoke to the media on Wednesday. Wilber Perez was pulled over by ICE, drove away on a short chase and was then shot in the back. The hearing on Wednesday was over the Venezuelan man's immigration status.
During the hearing's arguments, the court worked to determine if there was probable cause that Garces Perez assaulted a federal officer during the traffic stop. The defense claimed there was no violence involved and that Garces Perez was not a flight risk. They continued by saying that Garces Perez wants to stay in the U.S. with his wife during his immigration case, as well as undergo medical procedures he wants done within the country.
After more than three hours of deliberation, the judge came to a decision. It was declared that Garces Perez's bond was denied for his criminal charges, with a ruling that there was probable cause that he had assaulted an ICE agent. Garces Perez was not deemed a danger to the public but was a flight risk due to his family ties outside of the country.
Dig deeper:
According to his immigration attorney, Kate Lincoln-Goldfinch, Garces Perez is now held in federal criminal custody instead of federal immigration custody. She told the media after Wednesday's hearing that she was unaware of what criminal detention center Garces Perez was now held in.
His legal team is now maintaining their focus on Garces Perez’s medical condition. They say the bullet fired by an ICE agent into his back still remains after 10 days in detention.
"Throughout the hearing today, he was wincing in pain, and it's difficult for us to see our client in such pain," said Lincoln-Goldfinch. "He is facing permanent immobility and sepsis, and medical professionals are calling for surgery for him."
Man shot by ICE in Austin charged with assaulting, resisting federal officer
A man shot by an ICE officer in North Austin has been charged with assaulting and resisting a federal officer.
When Garces Perez appeared in court, he was in a wheelchair with his left arm in a sling.
Since he will now remain in federal custody as his criminal charges play out, his legal team claims it will be the responsibility of the federal government to address Garces Perez’s bullet wound.
"It is on the government to get him the surgery he needs so that he can get better," said Danny Woodward, an attorney who’s part of the team representing Garces Perez in his habeas corpus case.
Goldfinch told media that despite his bond being denied, they will still be able to continue with Garces Perez’s immigration case.
What happened in the ICE shooting on Sept. 20 in Austin?
The backstory:
Austin-Travis County EMS Chief Rob Luckritz said emergency crews were notified of a reported shooting at about 12:56 p.m. in the 8000 block of Anderson Square.
Paramedics arrived within about 3 1/2 minutes and found an adult man with a gunshot wound. The man was transported to a local trauma center in serious but stable condition.
APD Chief Lisa Davis initially stated that the shooting involved a federal agent and later confirmed she had been told the agent was with ICE. Austin police were not involved in the shooting.
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Perez told immigration attorney Kate Lincoln-Goldfinch that he was driving for DoorDash on Sunday when an unmarked car sideswiped him. He did not know it was ICE.
He told Lincoln-Goldfinch that he did a U-turn under the highway and was then sideswiped again. He then said the agents got out of the unmarked car and shot him in the back of the neck. They then pulled him from the car.
RELATED COVERAGE: Austin ICE shooting: New details released on man shot by ICE agents
Lincoln-Goldfinch said there was no foot chase. However, ICE said there was a foot chase.
DHS officials have confirmed that Perez is from Venezuela and say he entered the country illegally and had a final order of removal.
Perez was taken into federal custody to the South Texas ICE processing center in Pearsall.
Austin police release footage
APD releases body cam video of ICE shooting
Austin police are sharing more information and videos from their response to Sunday's ICE shooting in North Austin.
New video released by APD appears to show Perez was involved in a traffic stop with federal agents before leading them on a pursuit, minutes before he was shot by a federal agent.
APD released video captured on an off-duty APD detective's personal dashcam and cellphone, as well as body camera footage from an on-duty officer.
RELATED COVERAGE: Austin ICE shooting: APD releases body cam footage, cellphone video
Reports last week by The Atlantic and FOX News indicated there may be no body camera footage from ICE's perspective of the incident.
Multiple federal law enforcement sources told FOX News that there is no ICE bodycam footage from the incident, FOX's Bill Melugin said last week on social media.
The Atlantic's Nick Miroff also stated that three DHS officials had told him that the officer was a "recent hire who was not wearing his body camera."
So far, the APD videos are the only footage that has been publicly released.
The Source: Information from Wilber Perez's immigration attorney Kate Lincoln-Goldfinch, Danny Woodward, an attorney who’s part of the team, court evidence, previous coverage and reporting by FOX 7 Austin's Meredith Aldis and Marco Bitonel