法官裁定:被ICE枪击的委内瑞拉DoorDash司机因涉嫌袭警继续被羁押


2026-10-01T07:27:00-0400 / 哥伦比亚广播公司/美联社

奥斯汀讯——一名在德克萨斯州车内被联邦移民执法人员枪击的委内瑞拉外卖司机,因涉嫌在试图拒捕时袭警而将继续被羁押,一名联邦法官周三作出上述裁决。

达斯汀·豪厄尔法官表示,在检方提交了奥斯汀此次对峙事件的随身摄像头录像后,针对28岁的威尔伯·拉斐尔·加塞斯·佩雷斯的案件可以继续推进。录像显示,加塞斯·佩雷斯 allegedly 用驾驶位侧后视镜撞向一名美国移民及海关执法局(ICE)官员。

加塞斯·佩雷斯面临一项袭击、抗拒并阻碍联邦执法人员的罪名,若罪名成立,最高可被判处20年监禁。

他的案件在德克萨斯州首府引发广泛愤怒,也让民主党人再次批评特朗普总统对移民采取的强硬打击政策。

豪厄尔称,他拒绝为加塞斯·佩雷斯提供保释,理由是他有逃往委内瑞拉的风险,而他在委内瑞拉有一个孩子。他的律师已提起诉讼,试图阻止美国将其驱逐出境。

听证会全程回顾

加塞斯·佩雷斯背部仍留有子弹,坐着轮椅出庭。他的律师表示,在遭枪击10天后,他仍急需医疗救治。他的手臂还戴着吊带,需要他人协助戴上耳机,以便听清庭审的翻译内容。

子弹嵌在靠近加塞斯·佩雷斯脊柱的位置。他目前被关押在德克萨斯州的ICE拘留设施中。他的律师和民主党议员表示,他正承受剧烈疼痛,需要接受手术。

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2026年9月20日,在德克萨斯州奥斯汀市被捕期间,被联邦移民执法人员枪击的委内瑞拉男子威尔伯·拉斐尔·加塞斯·佩雷斯在警察随身摄像头视频的静态画面中按住肩部伤口。奥斯汀警察局/路透社提供图片

辩方称对加塞斯·佩雷斯的指控是“报复”,并认为摄像头录像无法得出定论,因为录像未能完整捕捉到他 allegedly 试图逃跑的时刻。

听证会还听取了国土安全调查局特别特工里克·巴赞的证词,他签署了指控加塞斯·佩雷斯袭警的刑事诉状。辩方指出,巴赞所在的机构是ICE的调查部门,他无法确认被撞的ICE官员是否确实被汽车后视镜击中,因为没有联邦调查人员直接询问该官员。巴赞也无法解释为何 allegedly 被后视镜撞到的官员没有佩戴随身摄像头。

周三在法庭上展示的录像显示,执法人员于9月20日在奥斯汀拦下了正在为DoorDash送餐的加塞斯·佩雷斯。

视频显示,加塞斯·佩雷斯从车窗缝隙中向警察出示了驾照,随后用西班牙语询问能否将车停好,以便一名亲属前来取车。警察多次要求加塞斯·佩雷斯下车,他则反复询问能否自行停车让家人前来取车。经过一番交涉后,加塞斯·佩雷斯突然加速驾车驶离。

检方展示了附近一家企业的摄像头拍摄的录像,内容为随后在居民区街道展开的高速追逐。法庭上展示的录像并未拍到枪击发生的瞬间。

枪击加塞斯·佩雷斯的联邦执法人员并未佩戴随身摄像头。另一名携带摄像头的移民官员当时驾驶另一辆车,并在追逐过程中关闭了摄像头。

加塞斯·佩雷斯称,他被一辆执法SUV撞到,车辆失控打转后遭到枪击。但联邦官员在调查中表示,在追逐结束前,加塞斯·佩雷斯试图驾车撞击一名执法人员,随后这名未具名的官员开了枪。

对加塞斯·佩雷斯的指控让人联想到此前类似案件:移民官员指控司机在其他备受关注的枪击事件后用车作为武器。在少数案件中,这些指控在随身摄像头录像公布后被推翻或撤回,这也让外界重新审视国土安全部依赖车辆拦停方式实施逮捕的做法。

加塞斯·佩雷斯的移民律师之一凯特·林肯-戈尔芬奇指责ICE拒绝为他的枪伤提供治疗。

“ICE的行为如此恶劣,以至于医生、护士、医学伦理学家和健康倡导者联合起来要求释放他,”她在庭外听证会后说道。

加塞斯·佩雷斯于2024年通过CBP One程序进入美国,该程序是在拜登总统任期内启动的,允许移民预约美国当局并申请庇护。特朗普总统在就职首日就终止了该项目。

据他的律师透露,加塞斯·佩雷斯是一名寻求庇护者,持有有效的工作许可证。她表示,由于驱逐通知被寄往了旧地址,加塞斯·佩雷斯未能出席移民法庭听证会,随后一名法官下达了驱逐令。

Judge keeps Venezuelan DoorDash driver shot by ICE behind bars for alleged assault

2026-10-01T07:27:00-0400 / CBS/AP

Austin — A Venezuelan delivery driver who was shot in his car by a federal immigration agent in Texas will remain in custody on charges that he assaulted an officer while trying to evade arrest, a federal judge ruled Wednesday.

Judge Dustin Howell said the case against Wilber Rafael Garces Perez, 28, should proceed after prosecutors presented body-worn camera footage of the encounter in Austin, in which Garces Perez allegedly struck a U.S. Immigration and Customs Enforcement officer with his driver’s side mirror.

Garces Perez is charged with one count of assaulting, resisting and impeding a federal officer and faces up to 20 years in prison if convicted.

His case has sparked widespread outrage across the Texas capital city and brought renewed criticism from Democrats of President Trump’s aggressive crackdown on immigration.

Howell said he denied Garces Perez bond on the basis that he could be a flight risk to Venezuela, where he has a child.His attorneys have filed a lawsuit seeking to prevent his removal from the U.S.

How the hearing played out

With a bullet still lodged in his back, Garces Perez appeared in court in a wheelchair. His attorneys said he still urgently needs medical care, 10 days after being shot. He also wore a sling on his arm and needed help putting on a headset to listen to a translation of the proceedings.

The bullet lodged close to Garces Perez’s spine. He is being held at an ICE detention facility in Texas. His attorney and Democratic lawmakers have said he is in intense pain and needs surgery.

Wilber Rafael Garces Perez, a Venezuelan man shot by a federal immigration agent, holds his shoulder from the wound during his arrest in Austin, Texas, on Sept. 20, 2026, in a still image from police body camera video. Austin Police / Handout via Reuters

The defense called the charges against Garces Perez “retaliation” and argued that the camera footage was inconclusive because it didn’t fully capture the moment when he allegedly tried to flee.

The hearing also included testimony from Homeland Security Investigations Special Agent Rick Bazan, who signed the criminal complaint charging Garces Perez with assault. The defense argued that Bazan, whose agency is the investigative arm of ICE, couldn’t confirm whether the ICE agent was actually hit by the car mirror since no federal investigators interviewed the agent directly. Bazan also couldn’t explain why the officer allegedly struck by the mirror wasn’t wearing a body-worn camera.

Footage provided Wednesday in court shows officers pulling Garces Perez over Sept. 20 in Austin, where he was making deliveries for DoorDash.

The video showed Garces Perez giving officers his driver’s license through a crack in his window and then asking in Spanish if he can park his car so that a relative could come retrieve it. The officer demanded Garces Perez get out of the car multiple times, to which he asked if he could park his own car so a family member could come retrieve it. After a back and forth, Garces Perez abruptly and rapidly drives off.

Prosecutors presented a video from cameras at a nearby business showing the ensuing high-speed chase through residential streets. The shooting itself wasn’t captured on the footage shared in court.

The federal officer who shot Garces Perez wasn’t wearing a body-worn camera. The immigration officer who did have a camera was driving in a separate car and turned the camera off during the pursuit.

Garces Perez said he was struck by a law enforcement SUV and spun around before he was shot. Federal officers told investigators, however, that Garces Perez attempted to strike an officer with his car at the end of the chase before the unidentified officer fired his weapon.

The accusations against Garces Perez recall previous claims made by immigration agents similarly accusing drivers of weaponizing their vehicles after other high-profile shootings. In a handful of cases, the allegations have been undermined or walked back after the release of body-worn camera footage, drawing renewed scrutiny about the Department of Homeland Security’s reliance on vehicular stops to execute arrests.

Kate Lincoln-Goldfinch, one of Garces Perez’s immigration attorneys, accused ICE of denying him medical treatment for his bullet wound.

“ICE’s conduct has been so egregious that physicians, nurses, medical ethicists and health advocates have come together to demand his release,” she said outside court after the hearing.

Garces Perez entered the U.S. in 2024 using CBP One, a program begun under President Biden that allowed migrants to schedule appointments with U.S. authorities to be considered for asylum. President Trump ended the program on his first day back in office.

Garces Perez was an asylum seeker and had a valid work permit, according to his lawyer. She said a judge later issued a deportation order after Garces Perez missed an immigration court hearing because the notice had been sent to a former address.

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