The ICE officer who shot a Venezuelan man in Austin, Texas, on Sunday had been issued a body camera but was not wearing it at the time, two Department of Homeland Security officials told NBC News.
According to NBC News, officials said it remains unclear why the officer was not wearing the camera while another ICE officer at the scene had a bodycam that captured part of the incident, but not the shooting itself.
Wilber Rafael Garcés Pérez, 28, was shot while working as a DoorDash driver and later taken into immigration custody. His lawyer said the bullet remains lodged in his back.
A federal judge on Tuesday temporarily blocked deportation proceedings against Garcés Pérez.
The Travis County District Attorney’s Office has also asked federal authorities to keep him in the US, describing him as “a material witness” in its criminal investigation.
Austin police have released footage captured by an off-duty officer that includes the sound of three gunshots but does not show the shooting.
His lawyer said the shooting fractured his clavicle and that he experienced difficulty moving his arm.
ICE Director David Venturella previously told NBC News that all ICE officers and agents would receive body cameras by the end of August.
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