Federal officer who fired weapon was not wearing body camera
The surgery came a day after Garcés Pérez appeared in federal court in a wheelchair, wearing a sling on his arm. He remains in custody on charges that he assaulted an officer while trying to evade arrest.
The bullet was successfully removed during the operation, and Garcés Pérez is recovering in the custody of the U.S. Marshals, said Fabiana Meléndez Ruiz, a spokesperson for his legal team.
Authorities have alleged that Garcés Pérez struck an officer with his side mirror on 20 September while trying to drive away from a traffic stop and questioning. The federal officer who shot him — and who, according to authorities, was hit by the car’s side mirror — was not wearing a body camera, The Guardian reported.
Garcés Pérez has said he was struck by a law enforcement SUV and that his car spun around before he was shot. Federal officers told investigators, however, that Garcés Pérez attempted to strike an officer with his car at the end of the chase before the officer fired his weapon, according to the report.
Supporters and representatives had lobbied for him to be given the chance of surgery, asserting that the bullet being stuck so close to his spine put him at risk of losing feeling on the left side of his body, the report said.
He had been taken from a hospital where he was being treated and transferred to a detention facility about 140 miles from Austin the same day he was shot, the report said.
Bystander footage captured parts of the encounter, including video of ICE officers calling an ambulance and standing by as the wounded man sat in his car, according to the report. Local police gave him first aid when they arrived. Garcés Pérez was on a DoorDash delivery at the time of the stop.
He faces up to 20 years in prison if convicted on the federal assault charge. He was also facing deportation at the time he was stopped, the report said.
The case has sparked outrage and protests in the Texas capital against Donald Trump’s immigration crackdown, including federal officers’ conduct, according to The Guardian. It was the latest shooting by ICE officers. The Associated Press contributed reporting.