As outrage grows over an ICE agent’s shooting of a man who had a five-year-old child in a car in Marble Hill, New York, on Thursday, the Department of Homeland Security is responding. Oscar Bergal, 28, was shot in the neck by an Immigration and Customs Enforcement agent who fired at his car Thursday afternoon, according to authorities. The child was in the back seat and was not hit. NYPD Releases Video of Shooting Aftermath The NYPD on 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 to the scene. As they exit 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. Nearby you can see a man wearing a reflective vest and carrying a long gun. Officers can be heard calling for an ambulance, before apparently deciding not to wait. They can then be seen on the video placing Bergal in a police vehicle, rushing him to a hospital and taking him to the emergency room. “There was nothing happening that required people to dress up as construction workers, surround a man’s car with his five-year-old son in it, who was coming home from school at 4 p.m., and shoot him in the neck from the car,” said public attorney Jumaane Williams. DHS says Bergal “chose not to comply with lawful orders.” DHS defended the shooting at a news conference Friday morning. “This individual decided yesterday not to comply with legal 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 says officers tried to stop Bergal in September without success, before pursuing him Thursday when they say he refused to get out of the car. “He then accelerated his vehicle, striking two of our government ICE vehicles, and then used his vehicle as a weapon and proceeded to accelerate toward other officers,” Charles said. New York City Mayor Zohran Mamdani said he tried unsuccessfully last night to negotiate with President Trump and DHS Secretary Markwayne Mullin for Bergal’s release. “President Trump really got involved and said we would turn him over to New York’s Finest. If the NYPD wants to take the charges and file them, we will be happy to release him into the custody of the NYPD. I shared that with the mayor. The mayor said again we will not detain him,” Mullin said. CBS News New York requested comment from the City Council on Mullin’s claim and has not yet received a response. Rep. Adriano Espaillat told CBS News he spoke with Bergal’s family. He described them as shocked and very, very nervous. He said the 5-year-old is in good spirits. More about Bergal and the shooting DHS said Bergal was in the United States illegally and was the subject of a targeted law 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 released on supervised release. The shooting of Bergal 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 many, including myself, have raised time and time again. This is an agency that must be abolished,” Mamdani said Thursday night. Five people were arrested amid the protests on Thursday night. Another protest is planned for Friday night in Lower Manhattan. Bergal has since been taken to a detention center outside New York state, according to DHS. Editor’s Note 10/9/26 3:56 pm: 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. More from CBS News at:
