Tensions remain high in New York City following a Thursday afternoon incident in Marble Hill where an Immigration and Customs Enforcement (ICE) agent shot 28-year-old Oscar Bergal. The shooting occurred while Bergal’s 5-year-old son was seated in the back of the vehicle. Authorities confirmed the child was not struck by gunfire during the confrontation. Bergal can be seen sitting on the ground. 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, there was nothing that was happening that would make people have to disguise themselves as construction workers. Good men and women that are out there every day enforcing immigration laws,” Marcos Charles of ICE said. But the mom told me that he was very afraid and kept repeating what occurred.
Surveillance footage of the encounter shows plainclothes agents approaching Bergal’s silver vehicle. According to the Department of Homeland Security (DHS), the vehicle began to move when an agent opened fire. Following the incident, the NYPD released body camera footage from officers who arrived at the scene afterward. That video captures the officers rushing an injured Bergal into a police cruiser to transport him to a hospital, as bystanders are heard discussing the involvement of ICE agents.
Bergal is currently being held at the Metropolitan Detention Center in Brooklyn after an initial stint at a facility in Newark. His legal team appeared in Lower Manhattan court on Friday, arguing that his arrest was carried out without a valid warrant and requesting his release. His attorneys noted that the bullet remains lodged in his body and he continues to suffer from his injuries.
During a Friday morning press conference, ICE official Marcos Charles defended the actions of the agents, stating that Bergal failed to comply with lawful orders. Charles alleged that Bergal refused to exit his vehicle, instead accelerating and striking two government-issued ICE vehicles before maneuvering his car toward other officers. According to DHS, agents were unaware the child was in the vehicle when the officer discharged his weapon.
DHS further stated that Bergal, whom they identified as being in the country illegally, was the target of a specific enforcement operation. Officials cited his alleged ties to the Trinitarios gang and a criminal history including convictions for grand larceny and prior arrests for robbery, assault, and weapons possession. Court records also indicate a August 2025 arrest related to the sale of fentanyl and cocaine, for which Bergal had been on supervised release.
Conflicting accounts of the shooting have emerged from the scene. Ruth Hilaria, who works at a nearby deli, disputed the official narrative, claiming the car was attempting to drive away from the agents rather than weaponizing the vehicle against them. She also reported hearing the child crying for his father in the immediate aftermath of the shooting.
Public figures have expressed sharp criticism regarding the operation. Public Advocate Jumaane Williams condemned the tactical approach, questioning the necessity of plainclothes officers surrounding a civilian vehicle with a child present in the mid-afternoon. Attorney General Letitia James called for a transparent, full investigation and expressed confidence in the Bronx District Attorney Darcel Clark, whose office is currently reviewing the evidence.
Governor Kathy Hochul has formally requested a cessation of ICE activities in New York, describing the city as a “tinderbox.” She emphasized the trauma inflicted on the 5-year-old, noting that the child, typically talkative and carefree, has been left terrorized by the event. Representative Adriano Espaillat visited the boy in the hospital, reporting that while the child appeared physically stable, his mother indicated he is deeply traumatized and struggling to speak about the incident. 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.
DHS Secretary Markwayne Mullin claimed that President Trump had offered to release Bergal into the custody of the NYPD if the city intended to pursue local charges. Mullin stated that Mayor Zohran Mamdani declined that offer, though City Hall has not yet provided comment on that assertion. Mamdani, however, has been vocal in his condemnation, labeling the incident unacceptable and reiterating his long-standing call for the abolition of the agency.
