Where is Austin ICE shooting victim how? Is he alive? Lawyer shares shocking details: ‘His wife was hyperventilating’

The lawyer representing Wilber Rafael Garces Perez, who was shot in Austin, Texas by an ICE agent, has spoken out after the incident.

The lawyer representing the man who was shot in Austin, Texas by an Immigration and Customs Enforcement (ICE) agent has spoken out after the incident. The victim has been identified as Wilber Rafael Garces Perez, according to the BBC. Protests have now erupted, with local officials seeking answers from federal authorities.

AUSTIN, TEXAS - SEPTEMBER 20: Law enforcement monitor a vehicle that was shot at by Immigration and Customs Enforcement officers on September 20, 2026 in Austin, Texas. A federal ICE officer shot and wounded a person earlier this afternoon in North Austin. Brandon Bell/Getty Images/AFP (Photo by Brandon Bell / GETTY IMAGES NORTH AMERICA / Getty Images via AFP) (Getty Images via AFP)

Attorney Kate Lincoln-Goldfinch told CBS that Perez called his wife while "yelling in pain" in hospital. She told National Public Radio that he was in ICE custody.

Where is Wilber Rafael Garces Perez now?

Lincoln-Goldfinch made shocking claims on X, sharing her frustrating experience while looking for Perez.

“I’m representing the man who was shot by ICE in Austin today. This is a recap of the afternoon as I tried to get answers for Wilbur’s wife. I initially met Elizdar at the scene. For hours, she did not know where her husband was, whether he was okay, or even whether he was alive,” she wrote.

“We went to the hospital after being told by city leadership that Wilbur had been taken there. Hospital staff told us there was no one there under his name. We asked whether someone with a gunshot wound could have arrived unidentified or unable to provide his information,” she continued.

Lincoln-Goldfinch added, “We were told they could not tell us. Eventually, we were told to leave the property, and multiple APD officers and hospital security officers came outside while we stood there trying to locate a man who had just been shot.”

She further said that Perez’s “wife was hyperventilating” after reports began circulating that he had died.

“It wasn’t until Mayor Kirk Watson arrived around 6 p.m. and told us someone from the hospital would contact us that we finally got an answer. A hospital attorney later called and said Wilbur had been released into ICE custody at approximately 4:30 p.m. As of tonight, we still have not been able to locate him in the ICE system or speak with him. We do not know where he is being held or what condition he is in after suffering a gunshot wound,” she said.

Perez is a 28-year-old Venezuelan national. He was in the United States illegally and had a final order of removal, a law enforcement source told NBC News.

Lincoln-Goldfinch said that he lives in Austin and is a DoorDash driver who was in the middle of a delivery when he was shot. A company spokesperson confirmed that Perez was making a delivery at the time, adding that DoorDash is investigating and would not release more information “at this time.”

Lincoln-Goldfinch wrote on X, “the most important question: What happened during this shooting? I have now seen photographs showing a gunshot wound behind his neck. I have seen video from the incident. I want to see the body-camera footage. I want to know exactly what happened before an ICE officer fired a weapon. We have watched case after case involving shootings, beatings, tasings and violent encounters with immigration enforcement.”

She added, “Keith Porter. Renee Good. Alex Pretti. Lorenzo Salgado Araujo. Joan Sebastian Guerrero. Now Wilbur. And those are only the cases that have become public. Tonight, Wilbur’s wife still does not know where her husband is.”

Whatever someone’s immigration status may be, a removal order is not an explanation for a shooting. The public deserves the facts. His family deserves answers. And Wilbur deserves access to his family, his attorney and appropriate medical care. I’’m exhausted. I’m angry. And I am so tired of watching families go through this,” she concluded, later correcting the spelling to “Wilber.”

The shooting took place just before 1300 local time. Dozens of protesters, some waving the flags of Mexico and Guatemala, later gathered at the scene, carrying signs demanding that ICE leave Austin.

Mayor Kirk Watson, a Democrat, said that Austinites have a right to know what exactly happened and "a right to feel safe in their city" during a media briefing on Sunday, September 20.

"They should know the truth," he said, adding that he is pleased that the city will be involved in the investigation.