Bullet Remains Lodged in Immigrant’s Neck, Attorneys Say; Urgent Surgery Sought as Concerns Mount Over Medical Care at Brooklyn Detention Center
Saha J. Choudhury:
— A 28-year-old Dominican immigrant who was shot by federal immigration officers in the Marble Hill section of New York City still has a bullet lodged in his neck, according to his attorneys. They say Oscar Belgal urgently needs specialized surgical care but remains in federal immigration custody at Brooklyn’s Metropolitan Detention Center (MDC). His medical treatment, detention conditions and access to adequate care have become central concerns as legal proceedings continue.
The shooting occurred on Thursday, October 8, near West 225th Street and Marble Hill Avenue in the Bronx’s Marble Hill area. Belgal was inside his vehicle with his five-year-old son in the back seat when the confrontation unfolded. City officials have said the child was not physically injured.
Attorneys Raise Alarm Over Medical Care
According to Belgal’s attorneys, he was taken to NewYork-Presbyterian Allen Hospital after being shot and was subsequently transferred to the custody of U.S. Immigration and Customs Enforcement (ICE). He was later held at the Metropolitan Detention Center in Brooklyn.
Lawyers affiliated with The Legal Aid Society and Make the Road New York say the bullet remains lodged in Belgal’s neck and that he requires treatment from a specialist surgeon. They have raised concerns about delays in providing the necessary procedure, saying surgery had previously been considered risky because a specialist surgeon was not available.
His attorneys have also alleged that Belgal has been held in isolation and has reported significant pain, numbness in parts of his face, hearing-related difficulties and trouble eating solid food. They have questioned whether his basic needs, including adequate food and water, are being met while he remains in custody.
These claims have been made by his legal representatives. The full details of his current medical condition and the detention facility’s response to the allegations have not been independently confirmed for this report.
Conflicting Accounts of the Shooting
Federal officials say the shooting occurred during an immigration enforcement operation. According to their account, Belgal attempted to drive away and created a dangerous situation for officers, with his vehicle making contact with two federal vehicles. Officials have maintained that the use of force was necessary to protect officer safety.
However, video footage of the incident has raised questions about the sequence of events. Footage released by the New York City Police Department reportedly shows an armed individual in plain clothes approaching the vehicle. As the vehicle moves backward and then forward, multiple individuals draw their weapons. The footage also appears to show someone striking the driver-side window.
Police reportedly recovered seven shell casings from the scene.
Although the video has prompted scrutiny of the officers’ actions, the footage alone does not establish whether the shooting was legally justified. Investigators will need to examine the complete video evidence, witness accounts and other relevant information to determine precisely what happened.
Legal Challenge Seeks Release and Protection From Deportation
Belgal’s attorneys have challenged his detention in court, seeking his release, appropriate medical treatment and protection against deportation while the legal proceedings continue.
They have also raised questions about the legal basis for the operation and whether the appropriate judicial warrant and immigration court notices were in place before his detention.
Court proceedings have reportedly included restrictions intended to prevent his immediate deportation while the case is considered. Such protections should not be interpreted as an order for his release; his custody status and the court’s subsequent decisions remain separate issues.
His legal team is seeking relief through the courts while pressing for medical care they say cannot safely be delayed.
Five-Year-Old Son Was in the Vehicle
Belgal’s five-year-old son was in the back seat during the confrontation. City officials said the child was not injured and was later placed with a family member.
The child’s presence has added another troubling dimension to the incident. Questions remain about what officers knew about the child at the time of the shooting and whether the circumstances could have been handled in a way that reduced the danger to everyone involved.
Federal officials have said they were unaware of the child’s presence during the operation. That account has drawn scrutiny amid questions about the available video footage and eyewitness descriptions. Investigators may need to establish what officers could see and knew before shots were fired.
City Leaders and Advocates Call for Accountability
The shooting has sparked concern among immigrant-rights advocates, local residents and elected officials in New York City. Mayor Zohran Mamdani and Gov. Kathy Hochul have expressed concern about federal immigration enforcement practices and emphasized the importance of transparency and accountability.
The Bronx District Attorney’s Office, led by Darcel Clark, has also been reported to be examining the incident.
The case has renewed debate over the conduct of federal immigration operations in densely populated residential neighborhoods. Advocates argue that enforcement actions must be carried out with appropriate safeguards, particularly when families and bystanders may be nearby.
Medical Care and Accountability Remain Key Questions
Belgal’s case has become more than an investigation into a single shooting. It raises broader questions about the use of force by federal officers, the medical rights of people in immigration detention, and the safeguards available to individuals facing deportation.
His attorneys continue to call for urgent medical treatment and release from custody. Federal officials, meanwhile, maintain that the officers acted to protect their safety.
As the legal process moves forward, the central questions remain: Will Belgal receive the specialized treatment his attorneys say he urgently needs? What do the complete video evidence and investigation reveal about the shooting? And will authorities be held accountable if investigators determine that the use of force or subsequent handling of his medical care was improper?
For immigrant communities across New York, the answers could have implications extending well beyond this one case.
