NYPD body camera video shows aftermath of ICE agent shooting man in Marble Hill

As outrage simmers over an ICE agent shooting a man who had a 5-year-old child in a car in New York City’s Marble Hill Thursday, the Department of Homeland Security is pushing back. 

Oscar Bergal, 28, was shot once in the neck by an Immigration and Customs Enforcement agent who fired shots at his car Thursday afternoon, according to authorities. The child was in the back seat, and was not struck. 

NYPD releases video of aftermath of shooting

The NYPD 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 up to the scene. When they exit the car, pedestrians nearby can be heard talking about how ICE agents were involved in the shooting. 

Bergal can be seen sitting on the ground. A man in a reflective vest carrying a long gun can be seen standing nearby. The officers can be heard calling for an ambulance, before apparently deciding not to wait. They can then be seen on the video placing Bergal into a police vehicle, rushing him to a hospital, and carrying him to the emergency room.  

“There was nothing that was happening that would make people have to disguise themselves as construction workers, 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. 

DHS says Bergal “decided to not comply with lawful orders”

DHS defended the shooting at a news conference Friday morning.

“This individual yesterday decided to not comply with lawful orders given by federal law enforcement officers, ICE officers. Good men and women that are out there every day enforcing immigration laws,” Marcos Charles of ICE said. 

DHS claims agents tried to detain Bergal in September unsuccessfully, before pursuing him Thursday when they claim he refused to get out of the car. 

“He then accelerated his vehicle, smashing into two of our government ICE vehicles, and then weaponized his vehicle and proceeded to accelerate going toward other officers,” Charles said. 

New York City Mayor Zohran Mamdani said he tried unsuccessfully to negotiate with President Trump and DHS Secretary Markwayne Mullin last night for Bergal’s release. 

“President Trump actually got involved and said that we would release him to New York’s Finest. If NYPD wants to take the charges and pursue the charges, we’ll be happy to release him into the custody of NYPD. I shared that with the mayor. The mayor once again said we will not be detaining him,” Mullin said. 

CBS News New York has asked City Hall for comment on Mullin’s claim and has not yet heard back. 

Rep. Adriano Espaillat told CBS News he spoke with Bergal’s family. He described them as shaken and very, very nervous. He said the 5-year-old boy is in good spirits. 

More about Bergal and the shooting

DHS said Bergal was in the U.S. illegally and was the object of a targeted 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 let out on supervised release.

Bergal’s shooting prompted 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 so many, including myself, have put forward time and again. This is an agency that must be abolished,” Mamdani said Thursday night. 

Five people were taken into custody amid Thursday night’s protests. Another protest is scheduled for Friday evening in Lower Manhattan. 

Bergal has since been taken to a detention facility outside of New York state, according to DHS.

Editor’s note 10/9/26 3:56 p.m.: Authorities initially said the last name of the who was shot was Belgal. Authorities have since said his last name is Bergal. This story has been updated to reflect that change.