Wilber Rafael Garces Perez: Federal Detention Ordered in Austin

• Wilber Rafael Garces Perez was ordered to remain in federal criminal detention by U.S. Magistrate Judge Dustin Howell in Austin.
• Judge Howell found probable cause that Garces Perez assaulted a federal officer on September 20, an incident during which Garces Perez was shot in the back.
• Garces Perez, a 28-year-old Venezuelan delivery driver, had been held in immigration detention for ten days prior to the federal criminal detention order.
• The government alleges Garces Perez struck an officer with his vehicle's mirror while fleeing, an accusation disputed by his defense attorney who questioned the evidence.
• Garces Perez faces up to 20 years in federal prison if convicted, and his immigration proceedings will continue while he is in federal custody.

U.S. Magistrate Judge Dustin Howell concluded that the charged offense constituted a crime of violence and that a significant risk of flight existed for the defendant.

Wilber Rafael Garces Perez, a 28-year-old delivery driver from Venezuela, will remain in federal custody following a recent court hearing in Austin, Texas. U.S. Magistrate Judge Dustin Howell issued the order on Wednesday, determining there was probable cause to believe Garces Perez assaulted, resisted, or impeded a federal officer during a confrontation on September 20. This incident culminated in Garces Perez being shot in the back.

Prior to this federal criminal detention order, Garces Perez had been held in immigration detention for ten days, still carrying a bullet in his back from the shooting. He appeared in the Austin courtroom in a wheelchair, with his arm in a sling, underscoring the physical aftermath of the encounter. The government's criminal complaint specifically accuses Garces Perez of striking a federal officer, identified by the initials L.G., with his driver-side mirror as he attempted to flee from law enforcement personnel.

During the hearing, Judge Howell granted the government's motion to hold Garces Perez in federal criminal detention, citing two primary reasons: the charged crime constitutes a crime of violence, and Garces Perez presents a flight risk. Assistant U.S. Attorney Britni Verdeja presented the government's case, asserting that Garces Perez's current predicament was a direct result of his decision to flee and strike an immigration officer.

Homeland Security Investigations Special Agent Rick Bazan, the Department of Homeland Security’s lead investigator for the incident, provided witness testimony. Bazan's affidavit, supporting the criminal charges, detailed that two federal agents initially stopped and confronted Garces Perez. One agent requested he exit his vehicle, but Garces Perez reportedly ignored the command, instead asking to move his car to a parking lot. Approximately one minute later, Garces Perez abruptly closed his window and drove away. Agent L.G. reportedly attempted to avoid contact, but Garces Perez's driver's side-view mirror struck L.G. in the torso as the vehicle departed. Verdeja also presented body camera footage from agent D.F., showing Garces Perez's car driving close to L.G. before D.F. retreated to begin a pursuit. Additional security camera footage from a Bingo hall depicted agents pursuing Garces Perez.

Federal Public Defender Shane McMahon, representing Garces Perez, challenged the government's narrative regarding the alleged assault. During cross-examination, McMahon asked Agent Bazan if L.G. had claimed to be assaulted when the car drove away. Bazan responded that he had not spoken with L.G., having only interviewed D.F. and Garces Perez following the incident. In his closing argument, McMahon sought to cast doubt on whether the assault actually occurred, stating he did not observe the officer being struck in the video footage and found it significant that L.G. himself had not claimed to have been hit.

Despite the defense's arguments, Judge Howell's ruling means Garces Perez will be held without bond as the criminal investigation continues. If ultimately convicted of the assault federal officer charge, he faces a potential sentence of up to 20 years in a federal prison. The case highlights the complex intersection of criminal and immigration proceedings, as Garces Perez's immigration attorney, Kate Lincoln-Goldfinch, confirmed that her client's immigration matters will proceed concurrently while he remains in federal custody. Lincoln-Goldfinch also made an accusation against the government, though the specifics were not detailed in the report.

This case illustrates the criteria for federal pre-trial detention (probable cause, flight risk, crime of violence) and highlights the complex intersection of criminal and immigration proceedings, particularly when federal agents are involved. Lawyers advising clients in similar situations must understand these dual legal pathways and the standards for detention.

Source: Original reporting via CN