Court documents cast doubt on ICE claims in DoorDash driver shooting.

Federal prosecutors in Texas charged a Venezuelan delivery driver with assaulting a federal officer on Tuesday. ICE agents had shot Wilber Rafael Garces-Perez, 28, in the back during a traffic stop days earlier.

• 20 years in prison is the maximum sentence Garces-Perez faces if convicted.
• Court documents say the conversation before he drove off was 'pleasant and not aggressive.'
• Garces-Perez entered the U.S. in 2024 via CBP One, a Biden-era asylum appointment program.
• His deportation order followed a missed hearing; the notice went to a former address.

Why it matters: The case involves competing legal claims: federal prosecutors say Garces-Perez assaulted officers; his immigration lawyer, Kate Lincoln-Goldfinch, says he held a valid work permit and a deportation order issued only because a court notice reached the wrong address.

• The Department of Homeland Security says Garces-Perez was in the country illegally after an immigration judge ordered his removal.

How 26 sources split on this story

Where they split: The central dispute is whether Garces-Perez was a lawfully present asylum seeker wrongly ordered deported, or a person subject to a valid removal order who resisted arrest.

What’s next: Garces-Perez's attorney had not commented on the charges as of Tuesday morning.

• U.S. Attorney Justin R. Simmons for the Western District of Texas is leading the prosecution.
• What prompted the ICE agent to fire, and whether the use of force was consistent with agency policy, has not been established in the source material.
• Whether the deportation order will be revisited given the claim that the court notice was sent to a wrong address remains unresolved.