Austin police and the Travis County District Attorney's Office say they are actively investigating the shooting of Wilber Rafael Garces Perez by an ICE officer. But so far, it's not clear how much evidence they'll be able to access from the Department of Homeland Security, which is conducting a separate investigation of the incident.
During a news conference on Tuesday, APD Chief Lisa Davis said her detectives are speaking "daily" with DHS and she had no reason to believe the department would withhold information. She said she didn't know what her detectives had requested or when they expected to receive it.
"These are some of our most elite investigators," she said. "They are fantastic. I trust them. I trust this investigation and it is absolutely in good hands."
She also said APD is investigating the shooting alongside Texas Rangers and the Travis County Attorney's Office.
District Attorney José Garza told KUT that his prosecutors have asked federal investigators for digital and physical evidence to get a "complete accounting" of the shooting. They've also asked to interview the ICE officer who shot Garces Perez, a 28-year-old Venezuelan national.
"We're still awaiting word on whether or not our request will be granted," he said, adding that the investigation is at a "preliminary moment."
Garza also wrote a letter to the agency asking that Garces Perez remain in the country. A federal judge ruled Tuesday that he must be present for a court hearing in San Antonio on Sept. 30, but Garza said he will need to stay far longer than that while investigators look into the shooting.
"From our perspective, Mr. Garces Perez is a material witness to the incident that took place in Austin," he said. "The Travis County District Attorney's Office thinks that it is critical that he remain in the United States so that he can participate in the investigation and any proceeding that may follow."
The incident comes after a rash of similar shootings by federal immigration agents across the country. Local officials this week expressed concern about whether federal investigators would share all the evidence with APD and Garza's office, citing cases in Minnesota and Houston where federal investigators withheld evidence and slowed local prosecutions.
KUT reached out to DHS to ask if the agency plans to share information with local law enforcement, but the agency did not respond. The FBI, which is assisting in the federal investigation, directed questions about evidence-sharing to DHS.
Correction: This story has been updated to correct the spelling of Garces Perez's first name.
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