Man shot by immigration officer in Austin pleads not guilty as Democrats press DHS for evidence

By Renata Vos

WASHINGTON — Wilber Rafael Garcés-Pérez, the man shot in the back by a federal immigration officer during an Austin traffic stop last month, pleaded not guilty Tuesday to a federal charge of assaulting, resisting and impeding a federal officer, the Texas Tribune reported. The plea waived his Oct. 29 arraignment and moves the case toward trial while Democrats on the House Homeland Security Committee press DHS to give local investigators the evidence from the shooting.

The government’s account is that the officer was the one in danger. A DHS affidavit filed in the case says the side mirror of Garcés-Pérez’s car struck an officer in the torso as he drove away. U.S. Attorney Justin R. Simmons of the Western District of Texas said Garcés-Pérez tried to strike an officer with the car, “causing the officer to fire his pistol.” Officers stopped him because he had a final order of removal, according to the filings. DHS has referred questions about the case to the Justice Department.

A federal grand jury indicted Garcés-Pérez about Oct. 20. The charge carries up to 20 years in prison. Magistrate Judge Dustin M. Howell has ordered him held as a flight risk.

The defense’s account

Garcés-Pérez has said an SUV struck his car and spun it around before he was shot in the back. His lawyer, Kate Lincoln-Goldfinch, has said he entered the country through the CBP One app and was ordered removed after missing a hearing whose notice went to the wrong address.

At a Sept. 30 hearing, Agent Rick Bazan testified that one officer at the scene, identified as D.F., had a body camera and turned it off, and that the officer who fired, identified as L.G., had no camera and had not been interviewed, according to coverage by the Guardian and the Associated Press. The footage played in court did not clearly show the mirror striking the agent.

The fight over evidence

Travis County District Attorney José Garza wrote to Rep. Bennie Thompson (D-Miss.), the committee’s ranking member, on Oct. 14 that “the federal government has not fulfilled any of APD or TCDA’s requests to access evidence in this case,” according to testimony posted by his office. Austin Police Chief Lisa Davis made similar statements to KVUE on Oct. 8.

On Oct. 15, eight Democrats — Reps. Greg Casar, Thompson, Pramila Jayapal, Troy Carter, Lou Correa, Lizzie Fletcher, Sylvia Garcia and Al Green — held a field forum in Austin, according to a committee Democrats’ release. It was not a formal committee hearing; no Republicans took part. “This is not transparency; it is obstruction,” said Casar, whose district includes Austin.

The committee’s Republican majority, led by Chairman Andrew Garbarino (R-N.Y.), has not scheduled a hearing on the shooting. The House returns Nov. 9.

Who was contacted

The Inquisitor asked DHS, the U.S. Attorney’s Office for the Western District of Texas, Rep. Casar’s office, Chairman Garbarino’s committee press office and the Travis County District Attorney’s Office for comment, and will update this story with any response.

Photo: Rep. Greg Casar, D-Texas. U.S. House of Representatives, via Wikimedia Commons.