US prosecutors charged a Venezuelan delivery driver on Tuesday. Wilber Rafael Garcés Pérez is 28 years old.

He faces one count of assaulting, resisting and impeding a federal officer. On Sept.

20 an ICE agent shot and wounded him in Texas. He was making DoorDash deliveries from his car.

Prosecutors say agents stopped him due to a removal order. They allege he ignored orders to exit his car.

They say he drove away and struck an officer. He allegedly hit the officer with his car's side mirror.

Garcés Pérez reportedly said he asked to move somewhere safer. Accounts differ on whether agents' lights were on.

Reports also differ on whether agents hit his car. The officer who shot him had no body camera.

Another officer turned off their camera during the chase. His attorneys say a bullet in his spine is causing "grave danger." If convicted he could face up to 20 years in prison.