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Wilber Rafael Garces Perez, the Austin man shot by an Immigration and Customs Enforcement officer earlier this month, remains in significant pain and still has a bullet lodged in his body, according to his attorney.
Immigration attorney Kate Lincoln-Goldfinch said Sunday that she spoke with Garces Perez by video after rumors circulated online that he had died. She said those rumors were false. A representative for Rep. Joaquin Castro confirmed his condition Monday evening.
Lincoln-Goldfinch said Garces Perez also has a fractured clavicle and limited mobility. His legal team remains concerned about infection and permanent damage if he does not receive surgery.
Garces Perez, 28, has been held at the South Texas ICE Processing Center in Pearsall since he was discharged from an Austin hospital following the Sept. 20 shooting. His attorneys are challenging his detention and seeking his release. A federal judge has scheduled a habeas hearing for Wednesday, Sept. 30, in San Antonio and ordered Garces Perez to appear.
The shooting and Garces Perez’s continued detention have prompted protests. About 160 people gathered Sunday at the North Austin site where he was shot, following earlier demonstrations in Austin. Supporters have also protested outside the detention center in Pearsall.
Lincoln-Goldfinch asked supporters not to gather at the federal courthouse during Wednesday’s hearing, saying the judge would expect decorum. She said peaceful vigils elsewhere were welcome.
Garces Perez was working as a DoorDash driver when federal immigration agents pursued him in North Austin. Video reviewed by Austin police shows a vehicle pursuit before the shooting. Garces Perez has said he was trying to find a safe place to pull over, while the Department of Homeland Security has said he attempted to evade arrest.
An ICE officer shot Garces Perez in the back during the encounter. He was taken to Dell Seton Medical Center before being discharged into ICE custody several hours later. His attorneys have questioned whether he received adequate medical care following the shooting. ICE has disputed claims that he has not received appropriate treatment.
Lincoln-Goldfinch also warned about fraudulent online fundraisers, saying the only fundraiser approved by Garces Perez’s family is through the Austin Sanctuary Network.
