VIDEO VS TESTIMONY: Bodycam Undercuts Lawyer's Account Of ICE Shooting
Newly released Austin Police Department footage is complicating the narrative around Sunday's ICE shooting of 28-year-old Venezuelan DoorDash driver Wilber Rafael Garcรฉs Pรฉrez, appearing to contradict a specific claim made by his attorney. Kate Lincoln-Goldfinch said ICE agents pulled her client from his car after shooting him, but the released video instead shows APD officers helping him out of the vehicle, cutting his shirt to expose the gunshot wound in his shoulder, and providing aid before handcuffing him. The footage, pieced together from an off-duty officer's dashcam and cellphone video along with on-duty bodycam, shows Garcรฉs Pรฉrez hunched over and holding his shoulder in pain when police arrived, asking in Spanish whether he had any weapons. Notably, the ICE agent who fired the shots was not wearing his assigned body camera, a detail Homeland Security officials have not been able to explain.
Major questions remain about what led up to the shooting itself. Garcรฉs Pรฉrez's attorney says an unmarked ICE vehicle sideswiped his car twice before agents opened fire, and disputes ICE's account that a foot chase took place beforehand; DHS has said Garcรฉs Pรฉrez attempted to evade agents and had a final order of removal, which his lawyer contests as improperly served. Garcรฉs Pรฉrez was shot once in the upper back, fracturing his clavicle, with the bullet still lodged in his body as of this week. He was treated at a hospital before being transferred into ICE custody at a detention facility in Pearsall, Texas, though a federal judge has since temporarily blocked his deportation while the Travis County District Attorney's Office investigates the shooting, citing his status as a material witness in the case.