Austin Leaders Shut Out of Hospital Answers After ICE Shooting of Wounded Delivery Driver

A federal agent shot a Venezuelan delivery driver in Austin on Sunday, and within hours his family was shut out of the hospital. The wounded man was taken into federal custody, and city leaders say they still do not control the investigation into the officer who fired.

The shooting happened shortly before 1pm on the city's north side, near Anderson Square, after what state officials described as a vehicle pursuit. Austin police also said there may have been a short foot chase. A US Immigration and Customs Enforcement (ICE) officer fired the shots, striking the man once in the torso. He was in serious but stable condition, city officials said. Austin police were not involved.

Council member Mike Siegel said the agent rammed the man's car, got out, and fired at least five times. A blue Toyota Corolla sat under an overpass with bullet holes in its passenger door. That account has not been independently confirmed. Protesters carrying anti-ICE signs gathered near the scene.

Who Investigates Becomes the Fight

The sharpest dispute is over who examines the shooting. Austin police and the Texas Rangers have opened work on the case and say they are in contact with Homeland Security Investigations (HSI), an arm of ICE.

CBS News reported in July that FBI field offices had been told to defer such cases involving Homeland Security personnel to HSI, even when agents fired their weapons. The Justice Department and the Department of Homeland Security denied a formal policy change. Local officials still fear ICE's own investigative branch will judge an ICE shooting.

A Family Left Without Answers

Wilber Rafael Garces Perez, 28, was making a food delivery when he was shot, according to his attorney, Kate Lincoln-Goldfinch. She said the family was run off the property at Dell Seton Medical Centre and was not permitted to see him. About six hours later, he was released into what she believes is ICE custody.

His immigration status is disputed. A law enforcement source told CNN he had a final order for removal, while Lincoln-Goldfinch said he entered the US lawfully and previously held a valid work permit. His wife understood he was still in active proceedings.

Why Austin Distrusts the Official Story

Local anger is rooted in recent history. In March 2025, an HSI agent shot and killed Ruben Ray Martinez, a 23-year-old US citizen, on South Padre Island, claiming Martinez had rammed his car into an agent. Critics cited body-worn camera footage later released by the Texas Department of Public Safety as not supporting that account. A grand jury declined to indict.

Critics also point to similar disputes over footage in the Minneapolis killing of Renee Good, a US citizen, whose family said video disproved the agency's account of that shooting.

Demands for Footage and Accountability

Representative Greg Casar has demanded an immediate, independent investigation and the release of all unedited footage. He has asked Homeland Security to brief Congress by 28 September. Mayor Kirk Watson, who called himself 'very angry', wants Austin police and the Texas Rangers involved, saying he doubts ICE can credibly investigate itself.

For now, federal agencies still hold the scene and the wounded man.