Lawyers for man shot by ICE agent in New York say shooter never identified himself

Lawyers for a man wounded by a US immigration officer in New York City said in a federal court filing on Wednesday that the shooter never identified himself before running up to the car, breaking a window and firing several shots. Oscar Belgal was driving with his young son at the time. The case matters because the two sides give conflicting accounts of whether the use of force was justified.

The lawyers' account

Attorneys from the Legal Aid Society, a legal services organization, filed a petition in Brooklyn federal court asking for Belgal's release from detention. They write that he had collected his son from school and stopped by a fire hydrant while looking for parking. A masked man with a drawn gun then ran to the car, followed by other masked, armed men. According to the lawyers, none of them identified themselves or showed documents, and the first man smashed the window and fired into the car while the boy cowered in the back seat. One bullet hit Belgal in the neck.

The government's account

Officials at the US Department of Homeland Security (DHS) say officers opened fire only after Belgal crashed his car into two government vehicles and accelerated toward other officers. DHS did not respond to the lawyers' claims, saying the incident remains under investigation, but maintains that Immigration and Customs Enforcement (ICE) officers believed their lives were in danger.

What the footage shows

New York police security camera video released last week shows part of the encounter but does not settle the dispute. A man in a sweatshirt and red hat runs to the car with his gun aimed at Belgal and strikes the driver's window with the barrel; it shatters on the second blow. A second officer appears with his gun drawn, and Belgal drives away. The camera did not capture what followed, but the chase ended moments later with his car against a concrete barrier, bullet holes in the windshield and rear window.

Bystander video and police body camera footage show ICE officers handcuffing Belgal and treating the neck wound before New York police took him to a hospital.

His condition

The lawyers say Belgal learned the men were ICE officers only after waking in hospital. He remains held at the Metropolitan Detention Center in Brooklyn, where he has not yet had surgery to remove the bullet in his neck. They say he has lost feeling on the left side of his face and has impaired hearing. The Federal Bureau of Prisons, which runs the jail, did not immediately comment.