Lawyers for a man wounded by a US immigration officer in New York say, in a court filing, that the agent who shot him never identified himself before running up to the car, smashing a window and firing several shots into the vehicle, the Associated Press reported.

Source: Associated Press

The account by lawyers for Oscar Belgal, 28, contrasts sharply with the version given by the Department of Homeland Security. DHS officials have said officers opened fire only after Belgal allegedly smashed his car into two government vehicles and accelerated toward other officers. Both accounts are allegations at this stage; neither has been established in court.

According to the Legal Aid Society petition filed in Brooklyn federal court seeking Belgal's release, he had picked up his 5-year-old son from school on Oct. 8 and was stopped in front of a fire hydrant in the Marble Hill neighbourhood of the Bronx, looking for a parking spot, when a masked man ran up with a gun drawn, followed by other masked men with guns. The child was in the back seat and was not physically injured, according to reports.

“The men did not identify themselves, show any documents or otherwise communicate with Oscar in any substantive way,” his lawyers wrote, as quoted by AP. They allege the first man struck and shattered the driver's window and began firing, and that one bullet struck Belgal in the neck.

New York City police security-camera footage released last week shows part of the encounter — a man in a sweatshirt and red hat running up to the car with a gun pointed, then using the barrel to bash the driver's window — but AP reported the video does not conclusively resolve how the shooting happened.

What is solid

  • An ICE agent fired on Oct. 8 in Marble Hill, Bronx, and Oscar Belgal, 28, was struck in the neck and survived
  • His 5-year-old son was in the back seat and was not physically injured, according to reports
  • The Legal Aid Society has filed a petition in Brooklyn federal court seeking Belgal's release

What is only claimed

  • DHS alleges Belgal smashed into two government vehicles and accelerated toward officers before shots were fired
  • Belgal's lawyers allege agents never identified themselves and fired without warning after smashing his window

The Legal Aid Society says a bullet remains lodged in Belgal's neck, that he was instructed to return for treatment during the week of Oct. 12, and that ICE instead transferred him into detention. His lawyers say he has lost feeling on the left side of his face — claims made by his legal team, which is asking the court to order his immediate release from the Metropolitan Detention Center in Brooklyn.

Source: Legal Aid Society

On Oct. 15, faith leaders and community groups gathered in Marble Hill to offer support to residents unsettled by the shooting, IndoNewYork reported. It said Homeland Security Investigations and the FBI are investigating the shooting.