Marble Hill, Manhattan: plainclothes federal officers approached a parked car, at least one officer fired seven rounds, and the 28-year-old driver was struck in the neck
NEW YORK, NEW YORK (October 8, 2026): Oscar Belgal, 28, was shot in the neck by a U.S. Immigration and Customs Enforcement (ICE) officer at about 4 p.m. on Thursday, October 8, in Marble Hill, a small part of Manhattan attached to the Bronx, according to the New York Police Department and the Department of Homeland Security (DHS), as reported by the Associated Press and NBC News. A 5-year-old child was in the car and was not hurt, officials said. Belgal survived and was taken to a hospital in stable condition.
DHS said its officers were trying to arrest Belgal in what it called a targeted enforcement operation. In a statement, the department said only that an ICE officer discharged his weapon during the incident and that the man was injured. DHS has not described what led to the shooting.
NYPD Commissioner Jessica Tisch gave a different, more detailed account based on an NYPD security camera that recorded part of the encounter but not the shots themselves. She said Belgal was pulling into a parking space when a plainclothes federal officer approached the driver’s side with a gun drawn, followed by a second officer who was also not in uniform. The car then began to move forward and out of the camera’s view, and at least one officer fired seven rounds, striking Belgal below his left ear, Tisch said. The NYPD was not involved in the operation but responded after hearing the shots.
Tisch said the car was left with a bullet hole in the front windshield and a shattered rear window, and that an ICE vehicle had front-end damage. Bystander video showed Belgal sitting on the ground in handcuffs after the shooting. Mayor Zohran Mamdani said the officers wore masks and construction vests, and that federal authorities later removed Belgal from the hospital and took him away. The full sequence of events has not been independently reviewed.
Liability for the Marble Hill ICE Shooting
The Fourth Amendment protects against unreasonable seizures, including excessive force during an arrest. In Graham v. Connor (1989), the U.S. Supreme Court held that force is judged by whether it was objectively reasonable in light of the facts officers faced, and in 2025, in Barnes v. Felix, the Court held that a shooting involving a moving vehicle must be judged on the totality of the circumstances, not only the final moment before shots are fired. Claims against federal officers follow different rules than claims against local police: the Federal Tort Claims Act generally allows assault and battery claims against the United States for the acts of federal law enforcement officers. Based on what has been released, the questions include:
- The approach: Tisch said a plainclothes officer approached the car with a gun drawn as it pulled into a parking space. How the officers identified themselves will be a central question.
- The moving car: Officials said the car moved forward before the shots. Whether anyone was in its path, and how fast it was moving, is typically key in a vehicle shooting.
- Seven rounds with a child inside: At least one officer fired seven times, according to Tisch, while a 5-year-old was in the car. The risk to bystanders is part of any reasonableness review.
- The video: The NYPD camera captured part of the encounter, and bystanders recorded the aftermath. Any federal recordings could show the full sequence.
A person injured by a federal officer may have claims under the Federal Tort Claims Act, and in limited situations a direct constitutional claim against the individual officer. These civil claims are separate from any federal or state review of the shooting and from any immigration or criminal proceeding.
Steps to Take After a Shooting by Federal Agents
Shootings by federal officers are usually investigated by federal agencies, which can make records harder for families and witnesses to obtain. Acting early helps protect evidence that may be held by city agencies, businesses and bystanders.
- Preserve bystander video: Anyone who recorded the shooting or its aftermath should keep the original files, with their date and time data, and make backup copies.
- Request city records: The NYPD camera footage and 911 recordings may be requested through New York’s public records process.
- Keep medical records: Request the hospital records and discharge papers that document the gunshot wound and treatment.
- Identify witnesses: People nearby in Marble Hill may have seen how the officers approached. Write down their names and contact information.
Under the Federal Tort Claims Act, an administrative claim generally must be filed with the federal agency within two years before a lawsuit can be brought. Other federal and New York claims can have different deadlines. Contact an attorney promptly to protect your rights.
Investigating the Marble Hill ICE Shooting
We at Carrazco Law, A.P.C. are concerned for Oscar Belgal and his family, and we are relieved that the child in the car was not hurt. Important questions remain: What happened in the seconds after the car moved out of the camera’s view? And will federal authorities release any recordings of the shooting?
If you or a loved one has been affected by a shooting involving police or federal officers, our civil rights attorneys can help you understand your rights under federal civil rights law. Call us anytime at (800) 541-3244. Se Habla Español. Free consultation.
Carrazco Law, A.P.C. is based in California. Its attorneys are licensed in California; representation in a federal court outside California depends on that court’s admission rules and may involve associating with local counsel.
Published on October 9, 2026 by M.M., Carrazco Law, A.P.C. The incident described in this article occurred on October 8, 2026.
