Federal prosecutors in Texas have charged a Venezuelan delivery driver who was shot by an ICE agent earlier this month with assaulting a federal officer.
Page T2From§Eachthe noon edition — 29 September 2026
Man ICE shot with no camera running now charged with assaulting the officer who shot him
As it ran on the front
I called down to the federal courthouse Tuesday because I needed someone to explain something to me, and I figured they'd know, since it's their paperwork. Not the clerk — the whole system, really — prosecutors, the agency, the works. I trust experts. I do. When a man tells me my transmission needs fluid, I don't argue, I hand over the twenty. So when I read that an affidavit had been unsealed about a man an ICE officer shot in Austin, I wanted the experts to walk me through it, because on my own I kept snagging on one part.
Here's what's snagging. Lying, is what that means, but they don't write "lying" on the indictment — they write "false statements," which I guess is the version you use when you've got a stenographer in the room. Castro was picked up in Texas that same week. Somebody sat him down, went over what he'd said, checked it against what happened, and found daylight between the two. That's the whole trick of a false-statements charge — you need an account to check.…
…(cont) So then Austin. An ICE officer shoots a Venezuelan man named Wilber Garcés Pérez during a DoorDash run on a Sunday in September. And here's where I could use the help, because the affidavit says the officer who fired wasn't wearing a body camera at all, and the officer standing next to him had his — and had turned it off. Two officers. How many working cameras between them? I keep doing that math on the porch and getting the same number, and I want somebody at the agency to tell me I'm doing it wrong.
Down at the toll plaza there's a sign that says "outstanding toll event," which is the state's way of saying you didn't pay and now you owe more. I paid mine off — cost me an afternoon and a stamp — but I remember standing in that line thinking: somebody got paid to find nicer words for a plain thing. I'm not saying it's the same office as the one that indicted Castro. I'm asking whether it's the same instinct.
Because here's the part where I really need the tutorial. With Castro, there was something to check the story against — his own statements, presumably, and whatever record existed. Weeks later, in Austin, prosecutors didn't charge either officer with anything about the shooting itself. They charged Garcés Pérez, the man who got shot, with assaulting an officer. No camera on the shooter, no camera from the man beside him — and the account that survives to be checked is whose, exactly? I'm asking the experts. I'd genuinely like a diagram.
I called the courthouse to ask if there's a form for this, a place where you write down what you can't reconcile, and while I was standing there in the driveway thinking I'd let it go — one more thing, and then I'll get off the phone, I promise. The charge on Castro's paper, the one that got him picked up in September: what did they call it? False statements. That's the phrase. And I keep wondering, out here on the porch, what you're charged with when there was nothing running to be false about — when there's no statement left to check, false or otherwise.
“Two officers standing at the same shooting, and by the end of the week zero of their cameras are running — but the person who ends up charged with a crime is the man they shot. That's not a malfunction, that's the design working exactly as built. Next time it's your kid on the side of the road with a badge walking up, go ahead and ask which camera's on.”
“Look, body cameras die, batteries fail, it happens to everybody who's ever forgotten to charge a phone — this isn't a pattern, it's a Tuesday. And the false-statements charge from September proves the system holds officers accountable when— wait, no, that was a different officer, different state, forget I said that. The point is the man was charged with assault because he assaulted an officer, and if you're asking me to prove that without footage, well, that's not really my department.”
The receipts
An affidavit unsealed on Tuesday said the officer who shot Wilber Garcés Pérez was not wearing a body camera and that another officer turned his camera off.
· DOJ charges ICE officer who shot immigrant with lying to investigators from the morgue, 4 Sep 2026
· ICE officer charged with lying about shooting turns himself in: Reports from the morgue, 4 Sep 2026
· Man shot by ICE in Austin is now in federal custody, officials say from the morgue, 21 Sep 2026
· 'This Violence Cannot Continue': ICE Shooting of Man in Austin Sparks Outrage from the morgue, 20 Sep 2026
This page is a back-issue: the story as it ran, receipts as they were. The current edition is at the front. The byline is a pen name for a column drafted by a machine and checked by the editor: how this is made.