Federal prosecutors on Tuesday announced an assault charge against a Venezuelan delivery driver who was shot in his car by a federal immigration agent in Texas, accusing the man of striking an officer with his side mirror while trying to drive away.

Wilber Rafael Garces Perez, 28, was charged with one count of assaulting, resisting and impeding a federal officer, according to a criminal complaint. Garces Perez, whose attorney has said still has a bullet lodged in his back from the Sept. 20 shooting, made an initial court appearance in an Austin federal court on Tuesday, according to the U.S. Attorney's Office in the Western District of Texas.

A nine-page affidavit from a Department of Homeland Security agent amounts to the government's fullest public account to date of the shooting in the Texas capital, which has set off renewed protests and outrage from Democrats over the Trump administration's immigration crackdown. Garces Perez has been held in a South Texas detention facility and his attorneys have filed a lawsuit seeking to stop his removal from the U.S.

DHS denies claim that man shot by ICE was denied care

The complaint accuses him of sideswiping an officer with his driver's side car mirror and later attempting to strike the same officer with his car after a brief vehicle pursuit.

If convicted, Garces Perez faces up to 20 years in prison.

An attorney for Garces Perez declined to immediately comment on Tuesday. A DHS spokesperson referred questions to the Department of Justice.

Affidavit says agent was struck in torso by side mirror

According to an affidavit signed by a DHS agent, officers first pulled Garces Perez over near a shopping center around noon. The car had emergency flashers on, and they conducted a database check that showed the car was registered to Garces Perez who had a final order of removal from the U.S.

Garces Perez, who was making a DoorDash delivery, allegedly provided his driver's license through a crack in the window, but ignored agents' requests to step out of the car, the complaint said.

Garces Perez allegedly declined to exit because he had asked fo

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