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Wilber Rafael Garces Perez described being sideswiped twice by an unmarked vehicle without lights or sirens while making a DoorDash delivery in north Austin on September 20 according to a Reuters dispatch from the September 21 news conference convened by his attorney. Garces Perez said he performed a U-turn in an effort to find a safe place to stop after realizing the occupants were federal agents but was rammed again and shot in the back of the neck while still seated in his vehicle. The 28-year-old added during the phone call from detention that he received minimal medical attention afterward slept on the floor without pain medication and continued to experience severe pain from the bullet that doctors declined to remove because of its proximity to his spine.
Attorney Kate Lincoln-Goldfinch told reporters at the Austin event that her client was discharged from a local hospital within four hours of the shooting and transferred directly to the South Texas ICE Processing Center more than 100 miles away where he remained under interrogation. Lincoln-Goldfinch stated to CNN that the family was initially unable to locate Garces Perez and that he had called his wife yelling in pain immediately after the incident before the line went dead. The lawyer has maintained that video evidence contradicts early law enforcement suggestions of a foot pursuit and that Garces Perez never exited his blue Toyota Corolla.
The Department of Homeland Security which oversees Immigration and Customs Enforcement issued a statement indicating Garces Perez had entered the country illegally during the previous administration and was subject to a final removal order. Lincoln-Goldfinch countered in interviews with multiple outlets that her client had previously held legal status with a work permit possessed no criminal record and had lived in Austin for approximately two years after seeking asylum. A law enforcement source informed ABC News that agents were performing routine license plate checks when they identified a match to Garces Perez’s vehicle leading to the encounter.
Dozens of protesters gathered at the shooting site on Anderson Lane carrying signs calling for ICE to leave the city and waving flags from Mexico Guatemala and other nations Reuters reported from the scene. Austin Mayor Kirk Watson expressed anger over the incident and joined local police officials in demanding a transparent independent investigation separate from the federal review according to coverage by the Austin American-Statesman. City Councilman Mike Siegel who inspected the damaged vehicle described observing at least two bullet holes in the rear and said an ICE SUV had struck the side of Garces Perez’s car prior to the gunfire.
A New York Times compilation updated after the Austin event lists it among at least 24 instances since January 2025 in which federal immigration agents have fired upon individuals with six of those cases resulting in death and nearly all involving people in vehicles. The shooting represents the third such incident in Texas during that period following the fatal July shooting of Lorenzo Salgado Araujo in Houston and the March 2025 death of U.S. citizen Ruben Ray Martinez in South Padre Island according to the same tally. DoorDash confirmed to CBS Texas and other outlets that Garces Perez was actively completing a delivery at the time and said the platform had launched its own inquiry while cooperating with authorities.
Lincoln-Goldfinch reported later on September 21 that Garces Perez had been moved to another hospital after developing symptoms of left-side paralysis a complication she linked to the retained bullet and delayed treatment. The attorney has emphasized in statements to NBC News that regardless of immigration status the force used appeared unjustified and that Garces Perez should be treated as a witness rather than immediately processed for deportation. Homeland Security Investigations is conducting the primary federal review with assistance from the FBI though both agencies have released limited information beyond confirming the agent’s involvement in an enforcement operation.
