By: Emily Nixon
On Oct. 8, an Immigration and Customs Enforcement (ICE) agent out of gear with a face-covering shot Oscar Belgal, a 28-year-old man from the Dominican Republic, who had just picked his 5-year-old son up from school in Marble Hill, New York City. Belgal remains in the Metropolitan Detention Center in Brooklyn, and recently appeared before an immigration judge on Oct. 15 via teleconference.
“Mr. Belgal’s detention was unlawful from its inception. ICE officers shot him in the neck in front of his five-year-old son, failed to provide him with immediate medical assistance, and now continue to hold him in a facility notorious for medical neglect,” said Perry McAninch and Elyssa Williams, counsel for Mr. Belgal and attorneys with The Legal Aid Society in a statement. “With a bullet still lodged in his neck and his serious medical needs unmet, every additional day in custody puts him at further risk. The Court must intervene and order his immediate release.”
In a motion for his release filed by Belgal’s counsel, Belgal was looking for parking in front of his home and began to park in front of a fire hydrant before the shooting occurred. When Belgal realized he could not park in that spot, he backed out and began to pull away from the space. During this time, “an armed man dressed in civilian clothes and wearing black face coverings” ran up to Belgal’s vehicle “with his pistol drawn,” as stated in the motion.
The motion claimed that neither ICE agent attempted to identify themselves as official law enforcement, and that Brenden Cuni, one of the officers involved with Belgal’s shooting and an ICE Supervisory Detention and Deportation Officer, has previously been accused of “conducting violent and unlawful arrests.”
“After shattering Oscar’s window, the same officer began firing shots into the vehicle from a pistol through the driver-side window while Oscar’s five-year-old son cowered in the back seat. ICE officers fired at least seven shots into the vehicle,” according to the motion.
New York Police Department officers who arrived on the scene after the shooting transported Belgal to an ambulance that transported him to New York-Presbyterian Allen Hospital, according to the motion.
“But as soon as [Belgal] awoke, ICE officers handcuffed him to his hospital bed. Other ICE officers from the scene of Oscar’s shooting were also present,” stated the motion. “Only upon waking in the hospital was Oscar informed that the individuals who ambushed him with guns drawn and shot him were ICE officers.”
While physically unharmed, Belgal’s son has yet to mentally recover from the incident, according to the motion.
“His son, meanwhile, did not speak for several days after seeing his father shot, and suffers nightmares every night,” stated the documents.
The Department of Homeland Security (DHS) and ICE released a joint statement about Belgal on Oct. 13, claiming the agents arrested Belgal for his immigration status and being a “documented associate” of the Trinitario street gang. Notably, multiple misspellings of Belgal’s last name can be found throughout the statement, such as Bengal and Bergal.
“Bergal refused lawful orders to exit his vehicle. He then accelerated his vehicle smashing into two of our ICE vehicles. He then weaponized his vehicle and proceeded to accelerate his vehicle toward other officers,” ICE Enforcement and Removal Operations Executive Associate Director Marcos Charles said in the statement. “Our officer, believing that their life, the lives of their partners and the lives of the general public were in danger, used their training and fired their weapon.”
NYC Mayor Zohran Mamdani told MSNOW that Belgal currently has no warrants in NYC.
The shooting has led to multiple protests held across NYC, starting in Marble Hill where the incident occurred.
“Silence is not an option,” stated an Instagram post by Housing Works, Hands Off NYC, and Rise ‘N Resist NYC on Oct. 9 in response to the shooting of Belgal. “Tonight at 5 pm, Housing Works will join community members in Foley Square to demand justice and an end to this terror.”
After the incident, Mamdani called President Donald Trump and DHS Secretary Markwayne Mullin to negotiate the release of Belgal and termination of ICE activity in NYC.
“For the past two hours, I have been on the phone with President Trump and Secretary Mullin negotiating the release of the man ICE agents shot,” stated Mamdani at a press conference hours after the shooting in Marble Hill on Oct. 8. “Those negotiations were unsuccessful. Just moments ago, ICE put the man in an unmarked vehicle and whisked him away.”
At Brooklyn College (BC), the Immigrant Student Success Office (ISSO) released a statement on Instagram on Oct. 10, reaffirming their commitment to supporting BC students and offering resources, such as personal counseling and the CUNY Immigration Assistance Project.
“In light of the recent events in Marble Hill, the Immigrant Student Success Office reaffirms a commitment that has guided our work since we opened our doors: we are here for you, we stand with you, and we will continue to support you,” said the statement. “ISSO has been here, and we will continue to be here – working alongside you, advocating for our students, and building a community where everyone belongs.”
Mamdani maintained that NYC would continue to push ICE out of its streets at the press conference in Marble Hill on Oct. 8.
“New York City will not stand by while ICE agents shoot New Yorkers,” said Mamdani. “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.”