Wilber Rafael Garces Perez remained in federal custody Wednesday, Sept. 30, after a judge denied his request for bond, as his attorneys challenged the government’s account of the traffic stop and shooting that left him wounded. Garces Perez was shot in the back by an Immigration and Customs Enforcement officer on Sept. 20. Ten days later, he had not undergone surgery to remove the bullet, which his attorney Kate Lincoln-Goldfinch said remained lodged near his spine. She said he was in significant pain, had a fractured clavicle and limited mobility, and faced concerns about infection and lasting harm without surgery. At a hearing in Austin federal court, Magistrate Judge Dustin Howell found the government had not presented “convincing and clear” evidence that Garces Perez posed a danger to the community. Howell did find evidence that he posed a flight risk, however, and denied the defense request for bond. His attorney Kristin Etter said he would remain in federal criminal custody while pursuing a habeas corpus case. The hearing came two days after federal prosecutors filed a criminal complaint accusing Garces Perez of assaulting, resisting and interfering with a federal officer. The complaint alleges that he struck an ICE officer with his vehicle’s side mirror during an initial traffic stop, then drove away and led officers on a high-speed pursuit. The government says an officer fired after Garces Perez allegedly tried to hit him with the car. During cross-examination, Department of Homeland Security investigator Rick Bazan said he had interviewed the officer whose body-camera footage captured the initial stop, but had not interviewed the officer who shot Garces Perez. Bazan did not explain why the shooter was not interviewed or why he was not wearing a body camera. The other officer’s camera had been switched off before the shooting, according to the government’s account. The government submitted a still image from the footage as evidence that the officer had been hit by the side mirror. Garces Perez’s defense argued that the image did not clearly show contact. Bazan acknowledged he had not received confirmation from the officer that the mirror struck him. Garces Perez appeared in court in a wheelchair with his left arm in a sling. His attorneys have said the bullet passed through his upper back and fractured his clavicle, causing bruising, swelling and loss of sensation on his left side. ICE has said its investigation is ongoing. The government’s complaint also alleges that Garces Perez has a final order of removal from an immigration judge. The case has drawn protests in North Austin, where hundreds gathered Sept. 27 at Anderson Lane and Research Boulevard, near the location of the shooting. A local teacher told demonstrators that fear of immigration enforcement had disrupted students’ lives and attendance. She said some students had told her their fathers had been taken into custody and their families did not know what would happen next.