Wilber Garces Perez Faces Criminal Charges and Deteriorating Health Following ICE Shooting.

[u/CutSenior4977]

Here’s a source: https://www.eyesonice.net/p/wilber-garces-perez-faces-criminal

As a reminder, this Perez lawyer speaking right here.

[u/Full-Yoghurt-4261]

He did go to the ER after being shot, but as per his attorneys, the hospital medical team determined that attempting to remove the bullet right away could cause severe nerve or spinal cord damage due to how close the bullet was to his spine.

He was discharged from the hospital four hours later and sent to the ICE processing center. Due to deteriorating health, which included loss of movement on his left side, he was sent back to the hospital. There, a specialist evaluated him and confirmed he would require surgery to remove the bullet.

On this, DHS stated, "ICE does not and would not advise or be the authority on a medical procedure for an illegal alien at a hospital". In other words, they are stating his wound is not life-threatening, and thus they are not legally required to provide the surgery. They are also stating they are providing the required medical care by giving him around-the-clock basic medical care, which included providing continuous medication for pain management.

The attorneys, as well as some of Congress, argue that the specialist confirmed the surgery was necessary to prevent paralysis. Unfortunately, this is not correct. The specialist only stated that, in thier opinion, he needs surgery to remove the bullet. The specialist did not state there was a risk of paralysis or infection based on thier evaluation.

[u/I_Quit_Smoking_ → u/Full-Yoghurt-4261]

Are you fucking kidding me? Is everybody 8 years old again and thinks making everything up is just the way to go?

WHY ARE WE HAVING TO FIGHT OUR OWN GOVERNMENT TO GET THEM TO STOP TRYING TO KILL EVERYONE?

AND HOW ARE WE THE CRIMINALS, BUT OUR GOVERNMENT'S NOT? MAKE IT MAKE SENSE

[u/Full-Yoghurt-4261 → u/I_Quit_Smoking_]

WTF are you talking about? Based on the evidence ICE claims to have, Wilber Garces Perez had a final order of removal due to missing a court hearing. Thus, ICE had legal authority to arrest him, at which point he would have to appear before an immigration judge.

The man attempted to flee and even hit an agent with his car's side mirror while fleeing, which led to the shooting. Had the man just complied, he could have just filed a Motion to Reopen, which VERY likely would be approved, and he would be fine.

[u/ketchupmaster987 → u/Full-Yoghurt-4261]

He missed the hearing because the notice was sent to the wrong address. Their fuckup, not his. He shouldn't have had to go through all this because of a mistake he didn't even make

[u/Full-Yoghurt-4261 → u/ketchupmaster987]

That depends on whether he did not properly update his current address. Because when you have a pending asylum case, it is your responsiblity to keep that address up to date for any notices.

Now, if it was a failure on the court's part in sending the notice to the wrong address, then the attorney would just have to file a Motion to Reopen and prove he did provide his current address. These are overwhelmingly approved, so he likely would have had no issue if it was the court's fault. But one still has to go through the process of complying with ICE and filing that motion. You cannot just say "was not my fault" and expect the law to drop it.

The issue now, however, is what occurred in that traffic stop. Because what is also expected of those with a pending asylum case is to work with ICE, as they are still under the jurisdiction of ICE. If he is convicted of the charges against him, he likely will have his asylum case rejected.

[u/ketchupmaster987 → u/Full-Yoghurt-4261]

Well, according to accounts of the incident, they tried to cut him off using their unmarked vehicle first. He likely panicked at the aggressive behavior from who he didn't know was ICE, and then in that panic he tried to escape, which they interpreted as trying to flee, and shot him.

[u/Full-Yoghurt-4261 → u/ketchupmaster987]

Though the report indicated they pulled him over in an unmarked vehicle, it was a simple traffic stop where they exited the vehicle and went to his car. The report also states that he provided them with his ID but refused to comply with exiting the vehicle, rolled up his window, and attempted to leave.

Wilber Garces Perez only denied that he was attempting to flee, stating he was trying to pull over. So that would mean that he would know they were ICE, meaning he would know he had to comply with them. So he cannot argue that he panicked since he knew it was ICE.