Austin ICE shooting: Agent was not wearing bodycam, reports say

AUSTIN, Texas - The ICE officer who shot a Venezuelan man in North Austin on Sunday was not wearing a bodycam, according to reports.

Immigration attorney Kate Lincoln-Goldfinch has identified her client, Wilber Rafael Garces Perez, as the person who was shot by federal agents.

RELATED COVERAGE: Austin ICE shooting: Federal judge grants emergency order to stop man's deportation

What they're saying:

Multiple federal law enforcement sources have told FOX News that there is no bodycam footage from Sunday's incident, FOX's Bill Melugin said.

Melugin added on X that ICE leadership had said in August that all agents would have bodycams by the end of the month.

Acting ICE director David J. Venturella issued a statement on Aug. 8 stating the department was "on track to equip every officer and agent in the field with body-worn cameras by the end of August, ahead of our original timeline." 

The statement was in response to an Associated Press report about ICE policy concerning the release of bodycam footage.

The Atlantic's Nick Miroff also stated that three DHS officials had told him that the officer was a "recent hire who was not wearing his body camera."

Miroff reported that the officer was hired last year, but previously worked for another federal law enforcement agency.

The officials also reportedly told Miroff that officers making arrests are required to have the cameras at all times and activate them prior to engaging in enforcement activity. They are also instructed to stop recording "only when the incident has safely concluded."

The officials told Miroff that officers who do not follow this policy are required to give a written statement to supervisors and could face possible disciplinary action.

The officer involved in Sunday's incident has not been publicly identified as of Tuesday afternoon.

Officials have been calling for bodycam footage to be released as part of calls for transparency and an independent investigation into the shooting.

ICE refuses to answer FOX Local's questions

FOX Local asked ICE on Monday whether the officer involved in Sunday's shooting was wearing a bodycam, and if not, why not. So far, the agency has refused to directly answer the question. They instead provided their post-shooting statement that said the incident is under investigation.

What happened in the ICE shooting on Sept. 20 in Austin?

The backstory:

It's still not clear exactly what happened during the law enforcement operation before the ICE agent opened fire in North Austin.

Austin-Travis County EMS Chief Rob Luckritz said emergency crews were notified of a reported shooting at about 12:56 p.m. in the 8000 block of Anderson Square.

Paramedics arrived within about 3 1/2 minutes and found an adult man with a gunshot wound. The man was transported to a local trauma center in serious but stable condition.

Luckritz said the patient was taken from the scene within 9 minutes of the EMS crews’ arrival.

Austin Police Chief Lisa Davis said the shooting involved a federal agent and later confirmed she had been told the agent was with ICE.

While Austin officers were not involved in the shooting, they did help block roads and direct traffic near the scene.

Davis said the Austin Police Department’s Special Investigations Unit, which investigates officer-involved shootings, was at the scene.

She said during Sunday's press conference that she had not yet been briefed by federal authorities about the operation. Davis said she had heard there was a brief foot pursuit, but emphasized that the information was preliminary.

Man shot by ICE describes shooting

Local perspective:

Wilber told Lincoln-Goldfinch that he was driving for DoorDash on Sunday when an unmarked car sideswiped him. He did not know it was ICE. 

He told Lincoln-Goldfinch that he did a U-turn under the highway and was then sideswiped again. He then said the agents got out of the unmarked car and shot him in the back of the neck. They then pulled him from the car.

Lincoln-Goldfinch said there was no foot chase. ICE, however, said there was a foot chase.

Lincoln-Goldfinch is now calling for full bodycam footage from the incident. 

Homeland Security Investigations confirms that Perez is from Venezuela and had entered the country illegally. They say Perez had a final order of removal. His attorney said that Perez had entered the country legally, but the immigration court sent documents to an old address, and he missed a court hearing which resulted in the removal order. His lawyer said this is a very common problem.

Perez was taken into federal custody at the South Texas ICE processing center in Pearsall, but has since been taken back to the hospital, according to Rep. Joaquin Castro.

A federal judge has granted an emergency order temporarily stopping Perez's deportation until at least Sept. 30, when he is expected to be present at a hearing for a federal lawsuit filed by Lincoln-Goldfinch.

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