Oscar Bergal, 28, was shot once in the neck by an Immigration and Customs Enforcement agent who fired shots at his car Thursday afternoon, according to authorities. The child was in the back seat, and was not struck.
Bergal’s attorneys appeared in a Lower Manhattan court Friday afternoon claiming he was arrested without a valid warrant, and they are petitioning for him to be released from federal custody.
Bergal was initially taken to a detention facility in Newark but has since been moved to Metropolitan Detention Center in Brooklyn, according to his attorneys. The bullet is still in his body, and he’s still in pain, his attorney said.
Meanwhile, multiple officials are calling for an investigation into the shooting.
“Late yesterday afternoon, an ICE officer shot a New Yorker in his car while a five-year-old child sat in the backseat. I am praying for the victim and his loved ones, and I am praying for the continued safety of the young child who, only by the grace of God, was not physically harmed,” New York Attorney General Letitia James said. “Today, New Yorkers are grappling with horror and outrage. They deserve nothing less than a full and transparent investigation conducted without fear or favor. I have full faith in District Attorney [Bronx DA] Darcel Clark.”
“My office is working to establish facts and determine the appropriate course of action,” Clark said. “We will continue to conduct a thorough investigation where our process is guided by the evidence and the law.”
NYPD releases video of aftermath of shooting
The NYPD Friday released body camera footage from 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 officers driving up to the scene. When they exit the car, pedestrians nearby can be heard talking about how ICE agents were involved in the shooting.
Bergal can be seen sitting on the ground. A man in a reflective vest carrying a long gun can be seen standing nearby. The officers can be heard calling for an ambulance, before apparently deciding not to wait. They can then be seen on the video placing Bergal into a police vehicle, rushing him to a hospital, and carrying him to the emergency room.
“There was nothing that was happening that would make people have to disguise themselves as construction workers, surround a man’s car with his 5-year-old son in it, coming from school at 4 o’clock in the afternoon, and shoot him in the neck in the car,” Public Advocate Jumaane Williams said.
DHS says Bergal “decided to not comply with lawful orders”
DHS defended the shooting at a news conference Friday morning.
“This individual yesterday decided to not comply with lawful orders given by federal law enforcement officers, ICE officers. Good men and women that are out there every day enforcing immigration laws,” Marcos Charles of ICE said.
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 deli nearby the site of the shooting, said she heard the boy crying out for his father.
Rep. Adriano Espaillat visited the boy later at the hospital.
“He was watching cartoons on TV,” Espaillat said. “I just gave him high five, and we had a nice conversation, and he seemed to be physically in good shape. But the mom told me that he was very afraid and kept repeating what occurred.”
DHS claims agents tried to detain Bergal in September unsuccessfully, before pursuing him Thursday.
“Mr. Bergal refused lawful orders to exit his vehicle. He then accelerated his vehicle, smashing into two of our government ICE vehicles, and then weaponized his vehicle and proceeded to accelerate going toward other officers,” Charles said.
Hilaria told CBS News New York that’s not what she saw. She said the car was driving away from the ICE agents.
New York City Mayor Zohran Mamdani said he tried unsuccessfully to negotiate with President Trump and DHS Secretary Markwayne Mullin last night for Bergal’s release.
“President Trump actually got involved and said that we would release him to New York’s Finest. If NYPD wants to take the charges and pursue the charges, we’ll be happy to release him into the custody of NYPD. I shared that with the mayor. The mayor once again said we will not be detaining him,” Mullin said.
CBS News New York has asked City Hall for comment on Mullin’s claim and has not yet heard back.
More about Bergal and the shooting
DHS said Bergal was in the U.S. illegally and was the object of a targeted enforcement operation. Bergal had alleged associations with the Trinitarios gang and had a prior criminal conviction for grand larceny, and multiple prior arrests for assault, robbery, and weapons possession.
Court documents show Bergal was arrested in August 2025 for selling cocaine and fentanyl in Manhattan. The special narcotics prosecutor’s office says he had been let out on supervised release.
Bergal’s shooting prompted 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 put forward time and again. This is an agency that must be abolished,” Mamdani said Thursday night.
Five people were taken into custody amid Thursday night’s protests. Another protest is scheduled for Friday evening in Lower Manhattan.
Editor’s note 10/9/26 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 is Bergal. This story has been updated to reflect that change.
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