A Venezuelan man shot by a US Immigration and Customs Enforcement (ICE) agent in North Austin last month has been indicted by a federal grand jury on a charge of assaulting, resisting, interfering with and impeding a federal officer, CBS Austin reported, in court documents filed on Tuesday, October 20. KXAN, Austin's NBC affiliate, also reported that a federal grand jury formally indicted Wilber Rafael Garces Perez with one count of assaulting, resisting, impeding and obstructing a federal officer.

Garces Perez, 28, is a DoorDash driver who was in the middle of a delivery when he was shot on September 20, 2026. The indictment alleges he used a motor vehicle as a deadly and dangerous weapon while interfering with two federal officers performing their official duties. That is an allegation in a formal accusation, not a finding of guilt: Garces Perez is presumed innocent unless proven guilty.

At an earlier hearing, prosecutors played ICE body-camera footage and said Garces Perez allegedly struck an agent with his driver's side mirror as he drove away, the Associated Press reported via the Los Angeles Post. A federal judge, Dustin Howell, found probable cause for the case to proceed and later kept him in custody after bond was denied. His team has argued the video does not clearly show the mirror making contact with the agent, according to the reports. Prosecutors say he admitted disregarding orders to park and exit the car; that account is also part of the contested court record.

The Austin Police Department is continuing a separate investigation into the officer-involved shooting itself. APD Chief Lisa Davis said earlier this month that local investigators were still waiting for evidence from federal authorities despite repeated requests. 'We have a lot of the evidence that we need. We have made several attempts or several calls to our federal partners. We've not received anything at this point, but I am still hopeful that we will,' Davis said.

Garces Perez is now in federal custody and the criminal case is moving forward. Awaaz Punjab is naming him because he is an adult named in police-facing and court reporting, and is framing every charge against him as alleged. Sources: CBS Austin via The Local Report / Hindustan Times reporting, KXAN Austin, and the Associated Press via the Los Angeles Post.