RismadarVoice Reporters
September 22, 2026
An Immigration and Customs Enforcement officer involved in the shooting of a Venezuelan man in Austin, Texas, had been issued a body camera but was not wearing it when the incident occurred, according to US Department of Homeland Security officials.
Officials said it remained unclear why the officer was not wearing the assigned camera during Sunday’s encounter.
Another ICE officer travelling in the same vehicle was wearing a body camera, but the footage captured only part of the incident and did not record the shooting itself.
The incident involved 28-year-old Wilber Rafael Garcés Pérez, who was shot while making a food delivery in Austin.
Garcés Pérez was taken to hospital for treatment before being transferred into immigration custody at the South Texas ICE Processing Centre in Centrell, according to his attorney, Kate Lincoln-Goldfinch.
A federal judge on Tuesday issued an emergency order temporarily preventing immigration authorities from proceeding with his deportation.
The Travis County District Attorney’s Office has also requested that federal immigration authorities allow Garcés Pérez to remain in the United States, describing him as a material witness in the criminal investigation into the shooting.
Austin Police Chief Lisa Davis on Tuesday released some of the first video evidence obtained by investigators.
The footage, recorded by an off-duty police officer using a personal dash camera and cellphone, captured part of the encounter as well as the sound of three gunshots.
Police said the off-duty officer alerted colleagues after hearing the shots, prompting officers to respond to the scene.
Davis has appealed to members of the public who may have recorded the incident to provide investigators with their footage as authorities work to establish the circumstances surrounding the shooting.
Questions have also emerged over Garcés Pérez’s medical treatment while in immigration custody.
His attorney said he experienced difficulty moving his arm following the shooting and was returned to hospital on Monday. She said doctors subsequently informed him that the bullet had fractured his clavicle and caused significant swelling.
According to Lincoln-Goldfinch, Garcés Pérez received pain medication before being returned to the detention facility.
The attorney has also raised concerns about the restraints allegedly used while he was transported to hospital and has called for him to receive appropriate medical treatment and access to communication.
US Representatives Joaquin Castro and Greg Casar have said they intend to visit Garcés Pérez at the detention centre to assess his condition and advocate for his release.
The Department of Homeland Security said Garcés Pérez was in stable condition and remained in federal custody pending immigration proceedings.
A senior administration official said he had no criminal history apart from issues relating to his immigration status.
His attorney, however, maintains that Garcés Pérez entered the United States legally and was seeking asylum. She said he was later ordered deported in his absence after a hearing notice was sent to a former address despite an earlier change-of-address filing.
The circumstances surrounding the shooting remain under investigation, with authorities reviewing available footage and seeking additional recordings from potential witnesses.
