As indignation boils on a ICE agent shot man who had 5-year-old in car On Thursday, in Marble Hill, New York, the Department of Homeland Security pushed back.
Oscar Bergal, 28, was shot in the neck by an Immigration and Customs Enforcement agent who fired into his car Thursday afternoon, authorities said. The child was sitting in the back seat and was not struck.
Bergal’s lawyers appeared in a Lower Manhattan court Friday afternoon, saying he was arrested without a valid warrant, and they are asking that he be released from federal custody.
Bergal was initially taken to a detention center in Newark, but has since been transferred to the Metropolitan Detention Center in Brooklyn, according to his lawyers. The bullet is still in his body and he is still in pain, his lawyer said.
Meanwhile, several officials are calling for an investigation into the shooting.
“My office is working to establish the facts and determine the appropriate course of action,” said Bronx District Attorney Darcel Clark.
NYPD releases video of shooting aftermath
The NYPD released body camera footage Friday of the first NYPD officers on the scene. The NYPD said those officers responded after the shooting and were not involved in the shooting itself.
The video shows two police officers arriving at the scene. As they get out of the car, nearby pedestrians can be heard talking about how ICE agents were involved in the shooting.
Bergal can be seen sitting on the ground. A man wearing a reflective vest and carrying a long gun can be seen standing nearby. The police can be heard calling for an ambulance, before apparently deciding not to wait. They can then be seen on video placing Bergal in a police vehicle, rushing him to the hospital and transporting him to the emergency room.
“There was nothing going on that would require people to dress up as construction workers, surround a man’s car with his 5-year-old son in it, arriving from school at 4 p.m., and shoot him in the neck in the car,” said public defender Jumaane Williams.
DHS says Bergal ‘decided not to comply with lawful orders’
DHS defended the shooting in a news conference Friday morning.
“This individual decided yesterday not to comply with lawful orders given by federal law enforcement agents, ICE agents. Good men and women who are there every day enforcing immigration laws,” said Marcos Charles of ICE.
DHS said the agent did not know Bergal’s 5-year-old son was in the back seat of the car when he opened fire.
Ruth Hilaria, who works at a grocery store near the scene of the shooting, said she heard the boy yelling at his father.
Rep. Adriano Espaillat visited the boy later in the hospital.
“He was watching cartoons on TV,” Espaillat said. “I just gave him a high five, and we had a nice conversation, and he seemed in good physical shape. But the mother told me he was very scared and she kept repeating what happened.”
DHS says agents attempted to arrest Bergal in September, without success, before pursuing him on Thursday.
“Mr. Bergal refused lawful commands to exit his vehicle. He then accelerated his vehicle, striking two of our government ICE vehicles, then armed his vehicle and began accelerating toward other agents,” Charles said.
Hilaria told CBS News New York that wasn’t what she saw. She said the car was moving away from ICE agents.
New York City Mayor Zohran Mamdani said he tried unsuccessfully to negotiate last night with President Trump and DHS Secretary Markwayne Mullin for Bergal’s release.
“President Trump actually got involved and said we will release him to New York’s Finest. If the NYPD wants to bring the charges and pursue the charges, we will be happy to release him into the custody of the NYPD. I shared that with the mayor. The mayor has once again said we will not detain him,” Mullin said.
CBS News New York reached out to City Hall for comment on Mullin’s statement and has not yet received a response.
Learn more about Bergal and the shooting
DHS said Bergal was in the United States illegally and was the subject of a targeted enforcement operation. Bergal had alleged associations with the Trinitarios gang and had prior criminal convictions for robbery, as well as several prior arrests for assault, theft and weapons possession.
Court documents show Bergal was arrested in August 2025 for selling cocaine and fentanyl in Manhattan. The special narcotics prosecution indicates that he was released under supervision.
The Bergal shooting sparked almost immediate protests and condemnation from elected officials, including Mamdani.
“New York City will not stand by while ICE agents shoot New Yorkers. And we will not back down from the demand that so many, including myself, have made time and time again. This is an agency that must be abolished,” Mamdani said Thursday evening.
Five people were arrested during Thursday evening’s protests. Another demonstration is planned for Friday evening in Lower Manhattan.
Editor’s Note 9/26/10 3:56 p.m.: Authorities initially said the last name of the man who was shot was Belgal. Authorities have since said his last name was Bergal. This story has been updated to reflect this change.
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