Prosecutors say the man struck an agent with his car’s mirror before another agent shot him. The charge reveals the existence of body camera footage of the shooting, though that has not been released.
Page T2From§Eachthe matinee edition — 29 September 2026
THE MISSING FOOTAGE
Prosecutors confirm footage of ICE shooting exists, then charge the man it shows with assault.

As it ran on the front
I called my insurance man Tuesday morning because I needed a favor, and I want to say up front, it is a two-minute call for him. He reads sworn statements for a living — whose camera was running, whose wasn't, what the paperwork actually says versus what everybody assumes it says. I do it never. So when the story came across about the man ICE shot in Austin, now charged with assault himself, I figured the honest move was to ask somebody who does this every day, because I trust an affidavit about as much as I trust my own reading of a dipstick — which is to say, I check it, then I call the guy who actually knows.
Here's how it got to Tuesday, because it didn't start there. Back on the fourth of the month, federal prosecutors charged an ICE officer named Christian Castro with lying to investigators about a shooting — a different one, up in Minneapolis. Is that the same as lying? I asked my insurance man that too, and he said that's the word for it in plain English, even if the indictment used something longer. Castro was taken into custody on the seventeenth. Three days after that, people in Austin were calling for a transparent investigation into a separate shooting — a man named Wilber Garcés Pérez, shot by an ICE officer during a traffic stop. He was in federal custody by the twenty-first. By the twenty-second he was telling reporters his car had been struck twice before the officer fired, and that same day a federal judge temporarily blocked his deportation. Temporarily — I remember the word because it's the kind of word that makes a thing sound like it's almost finished.…
…(cont) Then this Tuesday. The affidavit got unsealed, and here's the part I called about: the officer who fired the shot was not wearing a body camera. Another officer at the scene had one, and turned it off. I could follow that part on my own. What I couldn't follow — and I had to read this to him off the back of a toll receipt, since that's what was in my pocket when I sat down with the article — is that the same charging document, the one built to prove Garcés Pérez assaulted an officer, says body camera footage of the shooting exists.
So I asked him: if the officer who fired wasn't wearing one, and the other officer's was off, whose footage does the affidavit mean? He said he'd have to look at the exact language again. Does it say the footage has been released? No — nothing I've read says that. Does it say who's holding it? It doesn't say that either, not that either of us could find in an hour on the phone.
My guy does this for a living, remember — footage, custody, who turned what off and when. So before he hung up I had one more question for him, and I could hear he wanted to get back to his lunch. The judge's order on the twenty-second, the one that stopped the deportation — that was temporary too. He said that's what the word means. I said I know what the word means. I just want to know how long temporarily is supposed to run, when the footage that exists hasn't been released, the man it shows is charged instead of the officers who were there, and the only thing keeping him in the country is still, a week later, only temporarily.
“They didn't lose the camera, they lost interest in turning it on — there's a difference, and the difference is the whole ballgame. The guy who got shot is the one facing a federal charge tonight; the guys standing next to him with the equipment to prove what happened are the ones who get to decide if anybody ever sees it. That's not an accident, that's evidence with a landlord.”
“Look, he hit a federal officer with his car, that's what the affidavit alleges, and that's a serious charge regardless of what any camera was or wasn't doing that night — the body camera stuff is a completely separate compliance issue, you can't conflate the two. Okay, same officers, same three minutes, same document — maybe "separate" isn't the word I want there. Did I say compliance issue? That's not — strike that.”
Earlier in this story
- Man ICE shot with no camera running now charged with assaulting the officer who shot him By Lou · the noon edition, 29 September 2026
The receipts
An affidavit unsealed Tuesday said the officer who shot Wilber Garcés Pérez was not wearing a body camera and another officer turned his camera off.
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.
A Venezuelan man who was shot by an Immigration and Customs Enforcement officer during a traffic stop in Texas is facing a federal charge of assaulting, resisting, interfering with, or impeding a federal officer, according to the Justice Department. Wilber Rafael Garces-Perez, 28, was shot by an ICE Enforcement and Removal Operations…
· Federal judge temporarily blocks deportation of illegal immigrant shot by ICE agent in Austin, attorney says from the morgue, 22 Sep 2026
· Man Shot by ICE Agent Says His Car Was Struck Twice Before He Was Shot from the morgue, 22 Sep 2026
· ICE officer wanted on assault charges arrested in Minneapolis from the morgue, 17 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.